THE 



GOVERNMENT OF THE PEOPLE 



OF THE STATE OF 



TENNESSEE. 



BY 



T. C. KARNS, A.M., 



Professor of Philosophy and Pedagogics in the University of 
Tennessee. 




/4- 



PHILADELPHIA: ^ rO- 1 

Eldredge & Brother,^ V^\V v » 



No. 17 North Seventh Street. 
1896. 



Entered, according to Act of Congress, in the year 1896, by 

ELDREDGE & BROTHER, 

in the Office of the Librarian of Congress, at Washington. 




The importance of having the youth of our State familiar with 
the governments under which they live — both local and general — 
is becoming widely recognized. The hope of our country is in the 
intelligence and virtue of its citizens. We cannot expect the 
ignorant and vicious to choose wise rulers and demand an honest 
administration of the laws. Nor can we expect those to vote 
intelligently who do not know the nature and powers of our govern- 
ment or the duties of the officers they elect. We are, therefore, 
under obligation to instruct our youth with regard to these things 
and especially concerning the local government with which they 
will have so much directly to do. 

It has not been possible, within the compass of this manual, 
to bring out all the variations in local government — especially that 
of cities. This is necessarily left to the teacher, who will find his 
work inspiring and successful in proportion to its connection with 
the study of government as it actually exists around him. 

For valuable suggestions and criticisms the author desires to 
acknowledge his indebtedness to Joshua W. Caldwell, Esq., author 
of Studies in the Constitutional Histoiij of Tennessee; Captain 
William Rule, editor of the Knoxville Journal; Hon. Geo. W. 
Pickle, State Attorney-General and Reporter ; Hon. S. G-. Gil- 
breath, State Superintendent of Public Instruction ; Hon. T. F. P. 
Allison, Commissioner of Agriculture ; Hon. H. H. Ingersoll, Dean 
of the Law Department in the University of Tennessee ; Hon. 
S. G. Heiskell ; Judge George L. Maloney ; and others. To Mr. 
Caldwell he is especially indebted for criticising most of the manu- 
script and for furnishing important facts regarding court pro- 
cedure. 

T. C. Earns. 

University of Tennessee, j 
Knoxville, August, 1896. J 

(iii) 




GENERAL PRINCIPLES 7 

PART I. 

HISTORICAL SKETCH OF TENNESSEE. 

CHAPTER PAGE 

I. Introduction n 

II. Origin and Early Claims 14 

III. Settlers and Settlement 16 

IV. Watauga, King's Mountain, and the Cumberland 

Settlement 19 

V. The Sspate of Franklin and other matters ... 21 

VI. Tennessee as a United States Territory 24 

VII. Early History as a State 26 

VIII. Intermediate State History 30 

IX. The Civil War and Later 34 

X. Last Governors and Conclusion 37 

Noted Events in Tennessee History 41 



«k>x*;o 



PART II. 

THE CIVIL GOVERNMENT OF TENNESSEE. 

CHAPTER 

XI. The Present Government of the State 44* 

XII. The Legislative Department 46 

XIII. The Executive Department 51 

XIV. The Judicial Department 58 

XV. State and County Institutions 63 

XVI. Habeas Corpus, Juries, and Court Procedure . . . 66 

XVII. County Government 71 

XVIII. City Government • 76 

XIX. Civil Districts 80 

XX. Public Roads and Public Revenues 84 

XXI. Education 88 

XXII. Elections 93 

XXIII. Political Parties • ♦ . 97 

(iv) 



CONTENTS. v 

CHAPTER PAGE 

XXIV. Reforms 100 

The Constitution of the State 103 

Index to Constitution 131 

Governors and Time of Service 132 

Population of Cities 133 

Population of Counties 134 

County Seats 134 

Authorities Consulted 137 

Index 138 



ILLUSTRATIONS. 



oXKc*— 



1. John Sevier, First Governor . . . . , 6 

2. Andrew Jackson 39 

3. James K. Polk 39 

4. Andrew Johnson 40 

5. The Great Seal of Tennessee 44 

6. The Capitol at Nashville 47 

7. Civil District Map of Knox County 81 





John Sevier. 



THE 

CIVIL GOVERNMENT 

OF 

TENNESSEE. 

GENERAL PRINCIPLES. 

It was once thought that government first arose from a 
specific agreement among men, but this theory has given 
place to the more reasonable hypothesis that it originated 
in the family and has been developed and changed by the 
conditions, circumstances, and necessities of humanity. 
The father of a family was its natural ruler. If he had a 
strong personality, or in some way became separated from 
his kinsmen, as was the case with Abraham, his descend- 
ants, in time, grew to be a distinct nation with their own 
language, laws, religion, and traditions. After the founder 
of the tribe passed away, the ruler chosen was generally 
the most noted warrior, or a man who possessed some 
marked powers of leadership. 

While men lived in the family, or tribal, condition, they 
possessed the form of nationality, but usually had no 
fixed territorial boundaries. They were simply a group of 
people regulated in their intercourse with one another by ru- 
dimentary laws. They wandered about over large and indefi- 
nite areas wherever game, or pasturage for flocks, or other 
conditions for subsistence, were most favorable. The history 
of oriental life furnishes striking examples. As civiliza- 
tion developed and the art of agriculture began to be 

(7) 



8 THE CIVIL GOVERNMENT OF TENNESSEE. 

acquired, the tendency to a more definite claim upon the 
land increased. The Barbarians who disrupted the Roman 
Empire were moving nations with crude governments and 
laws and unsettled boundaries, though in time they ac- 
quired permanent territories and the land became a fixed 
element in the State. 

As the modern nations grew in civilization, the masses 
of the people increased in knowledge, and, taking unto 
themselves more power, restricted the tyranny of their 
rulers by fixed regulations. Hence we have, as a fourth 
element in government, a constitution containing the funda- 
mental and fixed law. In modern republican governments 
this principle has been extended to a restriction of the 
action of the people themselves or their representatives. 
It also embodies the organic law which defines the charac- 
ter and extent of the government and the principles upon 
which the latter is founded. Therefore, in its fully de- 
veloped form, the state comprises (1) the people, (2) their 
laws or changeable regulations, (3) their territory or the 
land they possess, and (4) their constitution or fixed regula- 
tions. 

While the family, or tribal, theory represents the typical 
process in the formation of nations, it is not true for those 
that have originated in colonies from countries having 
advanced civilization. The government of the United 
States is of the latter class. The political system and laws 
of this country were derived largely from a modification 
of those in the mother country. 

The complex character of the government which was 
finally constructed in America is another distinguishing 
feature. The colonists, having settled in distinct groups, 
developed differently. As colonies, they were entirely in- 
dependent of each other. At first the only bond of union was 
the protecting power of the mother country and a common 
origin. Under such circumstances, local government flour- 
ished. The National spirit was born in resistance to French 



GENERAL PRINCIPLES. 9 

aggressions and the later tyranny of the mother country. 
With independence, the local colonies became States which 
are integral parts of a united whole combining both local 
and general functions of government. In this result, 
taken with the representative system, we have the highest 
development of human government. 

Thus the great merit of American government consists 
in its perfect adaptation to every demand. No system 
was ever before devised in which perfect freedom in local 
government was so harmoniously combined with all the 
necessary requirements of National authority. It was 
found necessary to have certain laws applying uniformly 
to the w r hole country. Other matters were best regulated 
by the individual States. Still others are left, especially 
in their application, entirely to the counties. Some again 
are so extremely local in character as to be attended to 
exclusively by the civil districts, or the townships, of the 
county. This system, so complex and yet so perfect in its 
action, was not wholly an invention, but largely a growth 
shaped by circumstances. Local government is the glory 
of our Republic. No other country has so wise an arrange- 
ment. 1 Even in the republic of France, all local govern- 
ment is controlled from a National bureau at Paris. 

The written constitution is also peculiar to America. 
While documents containing the germs of a constitution 
had previously appeared, the written constitution was first 
developed extensively in this country. It had its origin 
in the old Colonial charters, some of which were retained 
as constitutions after the colonies became States. Each 
State, as well as the United States, has a constitution which 
contains the organic and fundamental law of the State. 

Our application of the term State, as we have seen, is 

peculiar. The thirteen original States were independent 

commonwealths. As they had, while colonies, combined 

for protection against external enemies, so afterwards they 

1 Switzerland comes nearest to it. 



10 THE CIVIL GOVERNMENT OF TENNESSEE. 

united as a protection against themselves, and the term 
State was then used to designate a subordinate government. 
At first the National spirit was weak. The smaller States 
were jealous of the power of the larger States, and each 
was afraid to trust the rest. The tyranny of the king of 
England had taught them to fear a unity of power. It 
was with the greatest difficulty, and with the gravest ap- 
prehension, that the constitution was finally established. 
Yet, in the course of our progress, the National spirit has 
grown stronger and stronger. 

The new States that have been arbitrarily carved out of 
the National domain never contained the elements of 
nationality as did the old thirteen. The increased facili- 
ties for communication, the results of the Civil war, and 
the overshadowing character of National politics, have all 
conspired to make the change so great that we are now in 
danger of underestimating the functions of the State. 
Patriotism has come to refer in most cases to the general 
government. Our great interest centers in this. All our 
political views take shape from National questions. Text- 
books on civil government have confined themselves mainly 
to our National system. And yet the State government 
has far more to do with the common life of the people 
than has that of the Nation. As Bryce, in his American 
Commonwealth, so strikingly shows, an American has little, 
except the National elections, the post-office, and the 
tariff, to remind him of Federal authority. All the de- 
tails of government which he meets in everyday life 
emanate from the State. 

It is, therefore, clearly apparent that, while we should 
not study, or value, the National government less, we 
should yet seek to know more about the State government 
under which we live and with which we have so much to 
do. 



TENNESSEE. 



oX*o 



PAET I. 

HISTORICAL SKETCH OF TENNESSEE. 



CHAPTER I. 

INTRODUCTION. 

1. Tennessee is one of the South Central States. Its 
surface slopes down irregularly from the summit of the 
Great Smoky mountains on the east, to the Mississippi 
river, which flows along its western border. In the east- 
ern part it is very much broken ; in the middle, hilly and 
gently undulating ; in the west, low and level. The State 
has a great variety of soils and products. The climate is 
mild. Extremes of temperature are rare. There are 
three grand divisions, called respectively East, Middle, 
and West Tennessee. These are recognized in the consti- 
tution and are, in many ways, as unlike as different States. 
By studying the three divisions of our State, we learn how 
natural resources determine the occupations of a people 
and even give tone to their opinions about government 
and public policy. 

2. East Tennessee is rich in minerals. Coal, iron, 
marble, roofing-slate, zinc, copper, and similar valuable 
deposits abound. Water power and other facilities for 

11 



12 HISTORICAL SKETCH OF TENNESSEE 

manufacturing are excellent. The future of this section is 
full of promise. Its fertile valleys are thickly populated. 
The people are hardy and industrious. They cultivate 
small farms, are strong supporters of public schools, and 
are noted for their originality and independence of 
thought. 

3. Middle Tennessee lies between the Cumberland 
plateau and the western valley of the Tennessee river. It 
is a rich agricultural and stock-raising section. Some of 
the finest horses of the world come from this part of the 
State. The people are well-to-do and generously hospi- 
table. Many of the farms comprise from two hundred to 
one thousand acres. This division contains the capital 
of the State and is the center of political influence. Iron 
is found in the western part and coal in the east. 

4. West Tennessee extends from the Tennessee river 
to the Mississippi. The leading industry is agriculture. 
Cotton grows in the south and grain in the north. The 
most productive lands of the State lie in the Mississippi 
bottoms. Large areas are covered with heavy timber, and 
lumbering is an industry of some profit. This section is 
without important minerals. It was the last part of the 
State to be settled. Its people are much like those of 
Middle Tennessee, from which section many of them 
came. 

5. The Division of the State into three distinct parts 
is so remarkable as to require further notice. Each sec- 
tion claims its share of the State officers, State charities, 
and State appropriations. Each has a State asylum for 
the insane. Each has its Federal court and there are five 
supreme judges, only two of whom may come from any 
one of these three divisions. This unfortunate sectional 
feeling no doubt first arose from the distinct and widely 
separate location of the two original settlements in East 
and Middle Tennessee respectively, but a difference in 
natural resources and the consequent unlike pursuits and 



INTR OJD UCTION. 1 3 

conditions of the people have kept alive and intensified 
the feeling. It was first recognized in a formal way in 
1807 when the work of the superior judges was appor- 
tioned. 

6. Original Inhabitants. — When the first white people 
visited the Tennessee country, it was already inhabited by 
scattering bands of Indians. Yet vast areas were unoccu- 
pied and used only for hunting-grounds. At an early 
period, the Cumberland section, in the vicinity of Nash- 
ville, was possessed by the Shawnees, who were driven 
away later by hostile tribes, and wandered off to the 
northwest. The Chickasaws claimed all West Tennessee 
as a hunting-ground, but lived farther south in the Missis- 
sippi country. They showed much warlike spirit. The 
Cherokees occupied the southeastern part of the State and 
neighboring portions of Georgia and the Carolinas. They 
gave the early settlers more trouble than all other tribes. 
At an early period, a small tribe of the Uchees lived at 
the mouth of the Hiwassee river, but they were extermi- 
nated by the Cherokees. The Creeks had lands south of 
Tennessee, in Alabama and Georgia, and often encroached 
upon the Tennessee country. The Indians lived mainly 
by hunting and fishing. The women cultivated patches 
of Indian corn and beans. The men were generally en- 
gaged in war. There has been much speculation as to 
their origin, but of this nothing is known. 

7. Mound Builders. — Scattered over the country, and 
especially along the river-courses, the first settlers found 
mounds of earth and rude forts which have often been 
thought to indicate earlier and more civilized inhabitants 
than the Indians. Of late years scientists have opened 
many of these mounds and discovered little or nothing but 
what could have been produced by the Indians themselves. 
The mounds contain arrow-heads, rude pottery, shells 
beads, ashes, and human bones, having evidently been con- 
structed as tombs for the dead. The ashes indicate the 



14 HISTORICAL SKETCH OF TENNESSEE. 

possibility of an altar where religious rites were performed. 
The forts are rude affairs and of no great importance. If 
these people were not common Indians, they were prob- 
ably only a branch of the more civilized tribes that in- 
habited Mexico and Arizona. 



CHAPTER II. 

ORIGIN AND EARLY CLAIMS. 

8. Origin of the State. — Tennessee was originally a 
part of North Carolina and the latter was, in like manner, 
originally a part of Virginia. Therefore, Tennessee may 
properly be called the granddaughter of the Old Dominion. 
It was the sixteenth State to come into the Union, or the 
third after the old thirteen. Tennessee was the first State 
to be organized out of United States territory. Its area is 
42,050 square miles. The population in 1890 was 1,767,518, 
and it has very little of the foreign element. 

9. Early Grants. — The boundaries of Tennessee were 
embraced in the grant which James I., in 1606, issued to the 
London Company — a vast tract lying between the thirty- 
fourth and the thirty-eighth parallels of latitude and extend- 
ing, under the name of Virginia, from ocean to ocean. 
Another grant by Charles II., in 1663, to Lord Clarendon 
and others, included all of the State except the northern 
part, which was added in a later extension of the grant. 
This was now the separate colony of North Carolina, the 
government of which remained under lords proprietors 
until 1729, when it reverted to the king. During this 
period Locke's famous ideal plan of government, called 
the " Grand Model," was tried and given up as a failure. 

10. For more than two hundred and fifty years 
after the discovery of America by Columbus, Tennessee lay 



OBIGIN AND EARLY CLAIMS. 15 

a silent wilderness of forests and grassy plains, except for 
a few Indians and straggling bands of explorers, traders, 
and hunters. At an early date, the trade in furs was 
found to be very profitable. A few trinkets would buy 
from the savages enough peltry to sell for a small fortune 
when transported to the Atlantic seaboard. Doherty car- 
ried on such a trade in the Cherokee country as early as 
1690, and Adair about 1730. Traders from Virginia and 
the Carolinas often resided for years among the Indians, 
while engaged in this remunerative business, and learned 
much of their manners, customs, and pursuits. Some 
years ahead of the settlers, also came hunters, who, pene- 
trating the wilderness, camped in the deep solitudes and 
took their own game and peltries. In 1748, Dr. Walker, 
with a company of Virginians, while on a hunting and ex- 
ploring expedition, passing through Powell's valley, dis- 
covered and named Cumberland Gap, river, and moun- 
tains. There is evidence that Daniel Boone hunted on the 
Watauga as early as 1760, and Wallen on Powell's river 
and on the Clinch in 1761. Wallen's Ridge was named 
for the latter. 

11. The Spaniards under De Soto had touched Tennessee 
soil in 1541, when they discovered the Mississippi river, 
near the present site of Memphis. By previous discoveries, 
under the authority of the Pope, they set up a claim to all 
North America, but, so far as Tennessee was concerned, 
their occupation of the land never amounted to more than 
the establishing of one or two forts and the carrying on of a 
limited trade with the Indians. As late as 1780 their 
asserted claim covered all Tennessee west of a north and 
south line running through the middle of the eastern di- 
vision of the State. At the close of our Revolutionary 
war, Spain tried to profit from her control of the mouth 
of the Mississippi river, and, by a series of intrigues, at one 
time sought to alienate the western settlers from the new 
Federal Government, but the attempt was a failure. The 



16 HISTORICAL SKETCH OF TENNESSEE. 

opening of the Mississippi in 1795 and the purchase of 
Florida in 1819 put an end to all Spanish complications. 

12. The French explored the Great Lakes soon after 
the settlement of Canada and were on the Ohio as early as 
1670. In 1671 they took formal possession of the entire 
Northwest region. Through the discovery of the Missis- 
sippi in 1673 by Joliet and Marquette, followed by La 
Salle's voyage to its mouth, they obtained a plausible 
claim to the whole Mississippi valley, which was called 
Louisiana. Having made settlements, later, on the lower 
Mississippi, they endeavored, by establishing a chain of 
forts and trading-posts, to hold all the country intervening 
between this section and Canada. Tennessee was a part of 
their claim and they built a fort on the site of Memphis 
and another on the site of Nashville. Their right was 
always disputed by the English, who claimed the country 
under Cabot's discovery, and the final contest for supremacy 
came with the great French and Indian war in 1754. 
After a long struggle, the disputed dominion east of the 
Mississippi passed over to the English by the Treaty of 
Paris in 1763. 



-oo**o 



CHAPTER III. 

SETTLERS AND SETTLEMENT. 

13. Scotch-Irish Settlers. — On account of its being 
west of the Alleghany mountains and remote from the 
seacoast, Tennessee was not peopled directly from Europe. 
It was one of the first States to be settled by emigrants 
from the older colonies. The first permanent settlers were 
mainly of Scotch-Irish descent. These . people began 
their migration from Ireland in the early part of the 
eighteenth century. The greater number landed at Phil- 



SETTLERS AND SETTLEMENT. 17 

adelphia. Finding the coast lands already taken, they 
struck out for the frontier and possessed themselves of the 
highland slopes of the Alleghany mountains. They 
were ' hardy, brave, restless, positive characters, and 
exerted a controlling influence on government and other 
institutions wherever they settled. They loved liberty 
and were strong advocates of free government. Their re- 
ligious ideas were somewhat severe and gloomy, on ac- 
count of which they have been called the Puritans of the 
South. 

14. Westward Movement.— The Scotch-Irish of Penn- 
sylvania gradually worked southward and westward. 
About 1740. the frontier was in Bedford county, Virginia. 
By 1754 six families resided west of New river, Virginia. 
Fort Loudon was built on the Little Tennessee river in 1756, 
and the fort at Long Island, near the Virginia line, in 1758, 
but these were in advance of the settlements. Before the 
Revolutionary War, the tide of migration had reached 
Southwestern Virginia and descended into the fertile val- 
leys of what is now East Tennessee. A smaller number of 
the same Scotch-Irish people had landed at Charleston, and 
pushing straight across to the interior met their northern 
brethren on the highlands of North Carolina and finally in 
settlements on the Watauga and the Holston. Thus Ten- 
nessee was peopled by emigrants from both Virginia and 
North Carolina. 

15. Other Elements. — Most of the leaders in Tennes- 
see affairs have been descendants of this Scotch-Irish 
race, though the mass of her population had a consider- 
able admixture of Pennsylvania Germans who were car- 
ried along in the general current of migration. There was 
a smaller per cent, of French Huguenots, English, and Irish. 
The early inhabitants were a plain, practical people, noted 
for integrity, patriotism, and devotion to duty. They 
boasted no noble descent, but were the best sort of material 
out of which to build up a great commonwealth. 
2 



18 HISTORICAL SKETCH OF TENNESSEE. 

16. Source of Our Government. — Virginia was the 
original source of nearly all government in the Southern 
States, though Tennessee, in the main, received the prin- 
ciples of her political institutions through North Carolina. 
And yet we are not to suppose that Virginia's ideas con- 
cerning government were original with her. They came 
over with the early colonists, from England, wher8 they 
had flourished under modified forms for more than a 
thousand years. 

17. The Watauga Settlement. — The first settlers 
reached the Watauga in 1769. In a few weeks the banks 
of the crystal streams were dotted with cabins, and the 
foundations of a new State had been laid. Others followed 
rapidly as the tide of migration flowed on; and in a short 
time three flourishing centers of population had been es- 
tablished — one on the Watauga, one in Carter's Valley 
above Rogersville, and one on the rich lands of the Nolli- 
chucky. 

18. Without Government. — It was at first supposed 
that the new settlements were within the domain of Vir- 
ginia, but an extension of the line between Virginia and 
North Carolina, in 1771, showed that they belonged to the 
latter. This was a source of much regret to a large body 
of the people, since they had come from Virginia and pre- 
ferred the government of that colony. Besides remoteness 
from the organized society of the parent State, the un- 
settled character of her government gave little hope for 
protection and support from that quarter. For three 
years, the settlements were without any authorized govern- 
ment, much to their detriment; for the need of some set- 
tled authority was deeply felt, especially for restraining 
that unruly element which naturally seeks the freedom of 
the frontier. 



WATAUGA AND OTHER SETTLEMENTS. 19 



CHAPTER IV. 

WATAUGA, klNG'S MOUNTAIN, AND THE CUMBER- 
LAND SETTLEMENT. 

19. Government Formed. — A love for law and order 
was always strong with our ancestors. So, when they 
found themselves in the wilderness, out of the reach of es- 
tablished authority, they set about providing a government 
from their own resources. In 1772 most of the settlements 
held meetings, or conventions, and sent thirteen represent- 
atives who met and formed a central committee with 
general legislative powers. These elected from their num- 
ber a committee of five citizens in whom were vested legis- 
lative, judicial, and executive authority. This committee 
was spoken of respectively as the court, the arbitrators, 
and the commissioners. A constitution, called "Articles 
of Association," was drawn up and signed. Thus was 
established the first original and independent government 
west of the great Appalachian mountains. This was 
the first free government by native Americans and when 
we remember that it was formed before the lievolu- 
tionary war, and while the colonies were yet subject 
to Great Britain, the case is still more remarkable. 
The Nollichucky settlement did not participate in the 
new government till 1775. There was evidently no 
intention of separating from the mother country, and yet 
the government was practically independent. Treaties 
were made with the Indians, land was bought, and other 
functions of sovereignty assumed. Religious liberty was 
complete and suffrage apparently unrestricted. 

20. Two Great Leaders. — John Sevier and James 
Robertson are the two most prominent figures in the 
founding of our commonwealth. Both appeared on the 
Watauga at an early date, Robertson coming from North 
Carolina and Sevier from Virginia. Both assisted in form- 



20 HISTORICAL SKETCH OF TENNESSEE. 

ing the Watauga government and both were members of 
the noted " Committee of Five." Sevier was of Huguenot 
descent and had more education and culture than 
Robertson. Later, he was at the head of the State of 
Franklin, and finally first governor of Tennessee. Robert- 
son was less brilliant than Sevier and was self-educated, 
but his natural powers were remarkable. In 1778 he left 
the Watauga to prepare for a settlement on the Cumber- 
land, where his family joined him in 1780. He became 
the leader and father of Middle Tennessee as Sevier be- 
came of East Tennessee. 

21. A Part of North Carolina. — The Watauga Associ- 
ation lasted about five years. The court of arbitrators ad- 
ministered justice, issued licenses, recorded deeds, and 
performed all the. functions of a regular commonwealth, 
This was another conspicuous example of the inherent 
capacity of the Anglo-Saxon race for self-government. 
However, as population grew and the number of evil-doers 
increased, the need of a stronger authority became ap- 
parent. In 1776, a numerously-signed petition to be an- 
nexed was sent up to the mother State. This was granted 
and tfye next year courts were established, and finally 
justices of the peace were appointed and the government 
of North Carolina became supreme. 

22. In the Revolutionary War. — In 1776 the popula- 
tion around Watauga was about six hundred. The Ameri- 
can colonies were in the midst of their struggle with Great 
Britain. Alienation grew into a declaration of independ- 
ence. The spirit of patriotism was strong in the little 
colony west of the mountains, and for the next few years, 
its inhabitants divided their time between fighting the 
Indians and suppressing Tories. By 1780 the colony had 
experienced a considerable growth and John Sevier and 
Isaac Shelby, collecting the entire military force of the 
settlements at Sycamore Shoals, marched across the Great 
Smokies to assist in defeating the British under Ferguson, 



WATAUGA AND OTHER SETTLEMENTS. 21 

at King's Mountain. This battle was claimed by Jeffer- 
son as the turning-point of the war for American liberty. 
23. The Cumberland Settlement. — The settlement on 
the Cumberland took permanent shape in 1780. This col- 
ony was planted still farther in the wilderness and entirely 
away from the home government in North Carolina. 
Hence we observe a second little independent republic; 
which, however, acknowledged that it belonged to the 
parent State. The different stations sent their represent- 
atives who framed a " Compact of Government," similar to 
the u Articles of Association " adopted at Watauga. Two 
hundred and fifty -six names were appended. The supreme 
power, judicial and executive, was placed in " Twelve 
Notables," of whom Robertson was chairman. Davidson 
county was established in 1783 under the government of 
North Carolina and the " Compact of Government " came 
to an end. 



<>>**:o 



CHAPTER V. 

THE STATE OF FRANKLIN AND OTHER MATTERS. 

24. The State of Franklin. — The next year gave birth 
to a third and more pretentious government. The people 
had always seemed disappointed that they were not under 
the jurisdiction of Virginia. Hence a constant disposition 
to separate from North Carolina and set up for themselves, 
especially since the parent State gradually neglected to 
protect and defend the colony west of the mountains and 
promote justice through the administration of law. Appar- 
ently wishing to rid herself of a burden, as well as to assist 
the general government, North Carolina, in 1784, ceded her 
western territory to the United States. The general gov- 
ernment, operating as yet only under the Articles of Con- 



22 HISTORICAL SKETCH OF TENNESSEE. 

federation, was very inefficient and had no fixed plan for 
managing territorial possessions. In the meantime there 
was supposed to be no government for the colony, and 
the people, distrusting the ability of the United States to 
do anything, became incensed and resolved to act for 
themselves. After holding a series of conventions, they 
established a new commonwealth which they called 
Franklin. The first two conventions were held at Jones- 
boro' and the third at Greeneville, which was made the cap- 
ital of the new State. The population had increased to 
about twenty-five thousand. After considerable discus- 
sion and difference of opinion, the constitution of North 
Carolina, with some modifications, was adopted. While 
these events were occurring, North Carolina heard of the 
action of the colonists, and her governor issued a procla- 
mation urging the people to return to their allegiance. 
The act of cession was repealed, courts established, and 
officers appointed for the Franklin counties. This satis- 
fied many, but, nevertheless, a new State was formed and 
John Sevier became its first and last governor. A conflict 
of jurisdiction ensued between the rival officers of the 
rival governments. Sevier had favored the new common- 
wealth, but abandoned it when the act of cession was re- 
pealed, and afterwards again joined the separatists. Fi- 
nally North Carolina offered conciliation and promised 
that a new State should be established in due time. 
Thereupon many others became alienated from the new 
enterprise. The last legislature met at Greeneville in 1787 
and, with the expiration of Governor Sevier's term of 
office, in 1788, the power of the State of Franklin became 
extinct. 

25. Primitive Life. — In studying the events of these 
early days, it is important to keep in mind the primitive 
life of the people. The time for modern inventions had 
not yet come, and civilized life, everywhere, had few ad- 
vantages compared with the present. The people west of 



STATE OF FRANKLIN AND OTHER MATTERS. 23 

the mountains were at a great disadvantage on account of 
their remoteness from the older settlements. Communi- 
cation was difficult. At first, letters were carried only 
by hand and irregularly. The roads were mere paths 
through the wilderness of forest and mountains. Mer- 
chandise and all the higher comforts of life were imported 
at great cost, on pack-horses. The manner of living was 
rough and simple, but hearty and sympathetic. The 
people spent their time in cultivating small " clearings " in 
the forests, in hunting, and in protecting themselves 
against the Indians. When the harvest was ripe or the 
fodder to be saved, women often labored in the fields with 
their husbands and brothers. All clothing was homespun. 
Men wore the hunting-shirt. Women were clad in linsey, 
a product of their own looms. Houses were rude struc- 
tures of round or hewn logs and had puncheon floors. 
Open-hearted hospitality abounded and the feeling of 
brotherhood and mutual assistance everywhere prevailed. 
The moral sentiment was strong and forced out of a com- 
munity all offensively wicked and craven characters. Our 
ancestors had an abiding faith in religion and revered 
sacred things. Unbelief was scarcely known, even among 
those who neglected the formal demands of the church. 
Articles of prime necessity, like axes, cow-bells, and rifles, 
passed instead of money. Coin was rare. Taxes were 
paid in peltry, home-made cloth, and similar products, 
taken at a fixed value. The State of Franklin even enacted 
a law providing that officers' salaries might be paid in 
skins and other articles of trade which had been received 
for taxes. Government assumed certain powers which 
would now be considered socialistic, or, at least, extremely 
paternal, as, for example, when county courts, not infre- 
quently, fixed the price of whiskey, and tavern-rates for 
meals. Yet, with all their deprivations, the people 
generally were happy and contented. 

26. A Fourth Republic— From 1788 to 1790, the peo- 



24 HISTORICAL SKETCH OF TENNESSEE. 

pie were under the government of North Carolina. How- 
ever, there was a small exception. A fourth little republic 
was organized south of the Tennessee, French Broad, and 
Big Pigeon rivers. Its territory was embraced within the 
limits of Sevier, a county organized by the State of Frank- 
lin on the Indian hunting-grounds. Its self-government 
resulted from North Carolina's refusal to extend protection 
and recognize the occupation of its lands as legal. A con- 
stitution called Ck Articles of Association " was adopted. 
The " articles " resembled those of Watauga and continued 
in force till after the country was organized as " The Ter- 
ritory South of the River Ohio." 



CHAPTER VI. 

TENNESSEE AS A UNITED STATES TERRITORY. 

27. Territory South of the Ohio— On the 25th of Feb- 
ruary, 1790, North Carolina again ceded to the United 
States her territory west of the mountains. Its population 
was now thirty-five thousand. The Federal constitution 
had superseded the Articles of Confederation and a more 
definite policy regarding territory belonging to the general 
government had been adopted. North Carolina had ratified 
the constitution only a few months previously. The cession 
was .made in response to a proposition by Alexander Hamil- 
ton, then Washington's secretary of the treasury, that the gen- 
eral government should assume the various State debts in 
return for a cession by the States of all their western lands. 
One provision of the cession, unlike the case of the North- 
west Territory, was that slavery should never be interfered 
with. The cession w T as accepted and on May 26, 1790, 
Congress passed an act by which a government was pro- 
vided for the country now to be called " The Territory of 



AS A UNITED STATES TERRITORY. 25 

the United States South of the River Ohio." This govern- 
ment was very simple, consisting of only a chief executive 
with a secretary and two judges. William Blount, of 
North Carolina, was made governor. He was of an an- 
cient English family, finely cultured, a man of affairs, and 
in every way w r ell qualified for the position. His subse- 
quent career marks him as worthy to rank with Robertson 
and Sevier as one of the most prominent figures in our 
early history. He fixed the seat of his government first 
at Rogersville, and finally at Knoxville. His administra- 
tion was characterized by a distinguished dignity, but noted 
for no remarkable event except that the Indian question 
was managed well and an end made to all depredations. 

28. The Cherokee Indians, at an early period, began 
to repel the approach of the settlers. Many of the Indian 
villages were situated in the river valleys in the southeast 
part of the State. The Indians were active warriors and 
gave the whites much trouble during the period of settle- 
ment. Encroachments on their lands were stoutly resisted. 
The instigation of Spanish, French, and British emissaries, 
together with outrages perpetrated by irresponsible whites at 
various times, had a great deal to do with increasing strife 
and bringing on war. Much of the contest*was carried on 
by small parties who attacked lonely settlers and committed 
depredations. By successive defeats and treaties, the lands 
of the Indians were absorbed by the w r hites, until most 
of the tribe was finally removed, in 1837-38, to new lands 
west of the Mississippi, where they have been civilized and 
now live peacefully on their reservation in the Indian 
Territory. 

29. Separatist Movement. — The people west of the 
mountains were so remote from their parent colonies that 
a feeling of estrangement and independence naturally 
arose. After the Revolutionary war this feeling was 
strengthened, especially in the southwest, by a supposed 
conflict of interests. Trade on the western rivers naturally 



26 HISTORICAL SKETCH OF TENNESSEE. 

tended to New Orleans, but it was shut out by the 
Spaniards who held all the lower Mississippi. The 
general government, under the Articles of Confederation, 
was inefficient, and the National spirit was weak. All 
Federal policy was in a formative state, and the future 
seemed uncertain. The older colonies — now become 
States — particularly those of the north and east, were 
jealous of the rising power in the west, and opposed any 
measure favoring development in that quarter. The self- 
interest of the West was thus appealed to. Designing 
leaders suggested an independent republic or an alliance 
with some foreign power. This led to intrigues on the 
part of Great Britain, France, and Spain, especially the 
last, which continued until the navigation of the Missis- 
sippi was opened to the United States by a treaty with 
Spain signed at Madrid in 1795. The cause being thus 
removed, agitation of the question ceased. Tennessee had 
her share in the controversy, but, while certain leaders 
may have become disaffected, the masses of the people 
never swerved from loyalty and patriotic devotion to their 
country. 



CHAPTER VII. 

EARLY HISTORY AS A STATE. 

30. Admitted to the Union. — The first territorial 
assembly met at Knoxville in 1794. At a call session, the 
next year, steps toward a State organization were taken. A 
census showed the requisite population (60,000), the total 
number now being sixty-seven thousand free white people, 
and ten thousand slaves. A convention met at Knoxville 
in January, 1796, and adopted a State constitution. John 
Sevier was elected governor, and the first legislature met 



EARLY HISTORY AS A STATE. 27 

the 28th of March. Ex-Governor Blount and William 
Cocke were sent to the United State Senate. Andrew- 
Jackson w r as elected Representative in Congress. After 
some quibbling and delay in Congress, Tennessee was ad- 
mitted into the Union on June 1, 1796. 

31. The New State Constitution was taken, with but 
little change, from the constitution of North Carolina. 
Some of its features would now be objectionable. The 
people were distrusted. They elected comparatively few 
officers. The legislature w r as given too much power. It 
appointed judges, attorneys for the State, and justices of 
the peace. The county courts elected sheriffs, coroners, 
trustees, and constables. Clerks of courts were selected 
by judges. Property qualifications were required to the 
extent that a legislator must possess two hundred acres of 
land ; the governor, five hundred ; and none but free- 
holders could vote without having lived in the county six 
months. There was also a questionable principle of taxa- 
tion which required that no one hundred acres of land 
should be taxed more than another. Most of the unsatis- 
factory features were eliminated by the constitutional 
revision of 1834, but the people did not elect their judges 
till 1853. 

32. The First Governors. — Sevier was the first governor 
of the State, and the people's favorite. His election had 
been without opposition. No issues of great importance 
characterized his administration. He served the full limit 
of three successive terms and was followed by Archibald 
Roane in 1801. At the end of Roane's term, Sevier was 
again elected, serving, in successive terms, till 1809. In 
1815 he w T as sent by President Madison on a mission to the 
Creek Nation in Alabama, where he died. His remains 
were removed to Knoxville in 1889, and deposited under a 
beautiful monument in the court-house square. Sevier 
was succeeded, in 1809, by Willie 1 Blount, a half-brother 

1 Pronounced Wylie. 



28 HISTORICAL SKETCH OF TENNESSEE. 

of Governor William Blount. The family name, with his 
general popularity and conservative character, retained 
him in the position to the full limit of six years. From 
1815 to 1821, Joseph McMinn was the State's chief exec- 
utive. He had been a Revolutionary soldier, and was a 
plain, hard-working man of the people, though well edu- 
cated and possessed of an uncommon amount of good, 
practical sense. A recent legislature appropriated three 
hundred dollars to mark his long-neglected grave in the 
little town of Calhoun on the Hiwassee river. 

33. Development. — During the first few years of its 
history, the new State showed a wonderful increase in 
population. As the Indian title to lands was extinguished, 
immigration flowed in and settled the best portions. The 
census of 1800 showed over one hundred and five thou- 
sand inhabitants. In 1810 this number was more than 
doubled. In 1820 it had been quadrupled. With popu- 
lation came increase in civilization and the arts. Towns 
were built. Better houses were constructed. Roads were 
opened and improved. Churches and schools were estab- 
lished. Frontier manners and dress gradually disappeared. 
Social distinctions became more marked. There was a 
great increase of domestic comforts, and even luxury began 
to appear. While industry was almost exclusively agricul- 
tural, the germs of manufactures were planted. A great 
spirit for public improvements and better means of com- 
munication, travel, and trade was developed. Steam- 
boats were on the Mississippi in 1812 and at Nashville in 
1818. The first bank had been established in Nashville in 
1807, but there was a continual demand for more money, 
and other banking institutions followed. Tennessee soon 
became one of the growing and prosperous States. 

34. Land Grants.— The first settlements in Tennessee 
began too early to receive any benefit from the system of 
land survey inaugurated by the National government, in 
1785. Based on the regular parallels and meridians of the 



EARLY HISTORY AS A STATE. 29 

locality, this plan secured a perfect division of all the lands 
into sections which could be definitely located. 1 All the 
western country was afterwards divided up in this way, but 
the first pioneers who crossed the mountains made their 
entries without any system, following streams and marking 
the trees. Others came later and often, ignorantly, over- 
lapped prior claims. Intervening spaces were frequently 
left without claimants and much confusion was the result. 
These conflicting claims, especially in the mountain dis- 
tricts, where the cheapness of the land for a long time caused 
lack of attention to perfect titles, have resulted in numer- 
ous costly and perplexing lawsuits. The frequent changes 
of government also contributed to a confusion of grants, 

35. War of 1812. — Tennessee took part in the War of 
1812 mainly through the conquest of the Creek Indians 
and the defeat of the British at New Orleans. The Creeks 
were a tribe of warlike character who occupied lands in 
Alabama and Georgia. Acting under the influence of 
British agents, Tecumseh, a noted Shawnee chief, con- 
ceived the bold design of uniting all the Indian tribes for 
the complete destruction of the American settlers. A 
large part of the Creek Nation, under their chief, Red 
Eagle, joined in the attempt, and, at once attacking Fort 
Mims, slaughtered its occupants. General Andrew Jack- 
son ? responding to the call for troops, marched into the 
Indian country, and after a series of brilliant engage- 
ments terminating in the battle of the Horseshoe, com- 
pletely subdued the hostile savages. These events occurred 
in 1813-14 After some minor operations against the 
British and Spaniards in West Florida, Jackson marched 
to the defense of New Orleans. There he found affairs in 
disorder, but, after the arrival of a new body of Tennessee 
troops, he made himself master of the situation and gained 
his brilliant victory in the battle of New Orleans, January 

1 See Thorpe's Course in Civil Government, chapter XIII., page 127. 



30 HISTORICAL SKETCH OF TENNESSEE, 

8, 1815. The battle was fought after peace had been 
declared. 



CHAPTER VIII. 

INTERMEDIATE STATE HISTORY. 

36. Governors of this Period. — William Carroll, the 
great reformed and friend of the people, was governor from 
1821 to 1827. He had come from Pennsylvania in 1810, 
and started at Nashville the first nail store in Tennessee. 
He fought in the war of 1812, and afterward owned the 
first steamboat that came up the Cumberland river. At 
his first election he received an overwhelming majority 
and, for the second and third terms, there was no op- 
position. Sam Houston became governor in 1827. He 
was eloquent, popular, and commanding. In 1829 he 
resigned the governorship and mysteriously left the State 
for a life among the Indians in the West. Afterwards he 
became famous in the history of Texas. William Hall, 
speaker of the senate, filled out the few remaining months 
of his term. William Carroll was then again elected with- 
out opposition for three successive terms, serving from 1829 
to 1835. He was thus governor for twelve years. Newton 
Cannon, the first Whig governor, was elected for two terms 
and served from 1835 to 1839. Now followed the series of 
pitched battles between the Whig and the Democratic 
parties, the latter elevating James K. Polk to the governor- 
ship from 1839 to 1841, and the Whigs returning with 
James C. Jones from 1841 to 1845. The Democrats then 
placed Aaron V. Brown in the chair from 1845 to 1847 and 
the Whigs followed with Neill S. Brown from 1847 to 1849, 
only to be again superseded by their opponents with 
William Trousdale from 1849 to 1851. Then came William 



INTERMEDIATE STATE HISTORY. 31 

B. Campbell, the last Whig governor, who served from 1851 
to 1853. The Democrats were now in the lead till the 
Civil War, electing Andrew Johnson for two terms and 
then Isham G. Harris for three terms. 

37. Internal Improvements. — Early in the century 
much interest in internal improvements was developed. 
Roads were to be built, navigable streams opened, and 
canals, both State and National, were to be constructed. 
The examples of New York and Pennsylvania were used 
to arouse enthusiasm. The first State board of internal im- 
provements was appointed in 1830 and $150,000 appropri- 
ated to clean out rivers. Many counties, also, had improve- 
ment boards. The constitution of 1834 directed a system of 
public improvements to be established. In 1836 an act 
was passed providing that the State, under certain condi- 
tions, should take stock in private companies formed to build 
turnpikes and railroads. Thus the State debt began. In 
1836-37 a State bank was formed to further aid internal 
improvements. The final result was corruption and waste. 
The financial crash of 1837 called a halt. Governor Polk, 
in 1841, sounded a note of warning, but the policy con- 
tinued till after the Civil War. As often occurs in govern- 
mental practice, that which was begun in good faith and on 
more or less reasonable grounds, degenerated into a scheme 
of corruption and disaster. All State aid was cut off by the 
constitution of 1870, which says, " The credit of the State 
shall not be hereafter loaned or be given to, or in aid of, 
any person, association, company, corporation, or munici- 
pality." A present great source of burden to the people 
is the aid still allowed to be given by counties and. muni- 
cipal corporations. 

38. Constitution of 1834. — Free government has been 
reached only by successive steps. Even after their release 
from the rule of Britain, the American people were slow 
in reaching complete liberty. The leaders lacked full 
faith in the masses. The organic laws of the land showed 



32 HISTORICAL SKETCH OF TENNESSEE. 

this. Our National system of electors to choose a presi- 
dent is an example. Our first State constitution is another. 
With few exceptions, the people were not trusted to elect 
their own officials. This, with the life-tenure of judicial 
officers and the unjust land tax, soon became a serious 
source of dissatisfaction. Lobbies waited on the legisla- 
tures and secured elections, while the people were help- 
less. William Carroll, one of our greatest governors, es- 
poused the people's cause and led the reform. A number 
of unworthy judges were impeached. The growth of the 
State also demanded changes in its organic law. Therefore 
a constitutional convention was finally called. It met at 
Nashville, May 19, 1834, and adjourned on the 30th 
of the next August. This convention revised the constitu- 
tion and did much to rectify existing evils. It equalized 
the legislative, executive, and judicial powers of the State 
government. Taxation was more fairly adjusted. Prop- 
erty qualifications for suffrage and office-holding were 
abolished. Sheriffs, justices of the peace, and other minor 
county and district officers were made elective by the 
people. The terms of judges were limited, though their 
election was still left to the legislature. The power of 
granting divorce was transferred from the legislature to tho 
courts. Lotteries could no longer be authorized by legis- 
lative favor, and counties were now first divided into civil 
districts. 

39. The Mexican War. — Tennessee took a very active 
part in the Mexican War. A Tennessee president (Polk) 
conducted it to a successful issue. When her governor 
called for twenty-eight hundred volunteers, thirty thousand 
responded. Several Tennesseans became leaders and 
gained marked distinction. Among them was Gideon J. 
Pillow who served under both Scott and Taylor. He was 
in most of the battles from Vera Cruz to the City of 
Mexico, was wounded twice, and rose to the rank of 
Major General. Gen. B. F. Cheatham, Wm. B. Campbell, 



INTERMEDIATE STATE HISTORY. 33 

\Vm. Trousdale, and W. T. Haskall, also rendered dis- 
tinguished service. The war resulted in a great addition 
to our National domain. 

40. Education was one of the first things to be cared 
for by the founders of our commonwealth. In 1785 the 
legislature of the State of Franklin passed an act establish- 
ing Martin Academy in Washington county. Rev. Samuel 
Doak was its first president. This school is said to have 
been taught by its founder as early as 1780, and was also 
chartered by the legislature of North Carolina in 1783. 
It was doubtless the first literary institution established in 
the Mississippi valley. In 1795 Martin Academy became 
Washington College. The first Territorial Assembly, in 
1794, established a college at Greeneville and also Blount 
College at Knoxville, which was the beginning of the 
present University of Tennessee. In 1806 Congress appro- 
priated one hundred thousand acres of land to support two 
colleges, one in East Tennessee and another in West Ten- 
nessee, the latter division then including all the State west 
of the Cumberland mountains. Blount College united with 
the first institution to form East Tennessee College. David- 
son Academy united with the second, forming Cumberland 
College. Another one hundred thousand acres was ap- 
propriated to found an academy in each county of the 
State. Public schools proper began with the establishing 
of school districts in 1830. Nothing more of importance 
was done till 1845, w r hen a system of local taxation for 
the support of schools was instituted. City schools were 
organized in Nashville in 1848 and thus another impetus 
was given. The public school system was not efficient 
before the Civil War. In 1867 a State system with a State 
superintendent was established, but in 1870 common-school 
education was turned over to the counties. The present 
permanent and efficient system was established in 1873. 
Secondary schools w r ere made a part of the system in 1891. 
Institutes for teachers were generally introduced in 1874. 
3 



34 HISTORICAL SKETCH OF TENNESSEE. 

Education in the State has received much aid from the 
Peabody fund. 1 



CHAPTER IX. 

THE CIVIL WAR AND LATER. 

41. The Civil War. — Tennessee was very prominent in 
the Civil War. Early in 1861, a large vote was cast in 
favor of the Union, but, after the firing upon Fort Sumter, 
a reaction took place and, on June 8th, the State voted to 
join the Confederacy. East Tennessee remained in senti- 
ment for the Union and most of her soldiers joined the 
Federal army. Middle and West Tennessee were as 
strongly the other way and contributed lavishly in men 
and resources to the Confederacy. Upon the fall of Fort 
l)onelson, in February, 1862, the Union forces immediately 
occupied Nashville and Andrew Johnson was appointed 
military governor. The Battle of Shiloh occurred in April 
and the Battle of Murfreesboro' in December of the same 
year. Other important engagements occurred at Chat- 
tanooga, Knoxville, Franklin, and Nashville. In February, 
1865, amendments to the State constitution were voted, 
abolishing slavery and annulling the acts of secession. In 
April the legislature ratified the thirteenth amendment to 
the Federal constitution and in July, 1866, the fourteenth 
amendment was ratified. The usual reconstruction troubles 
followed the war. Prominent political leaders on the Con- 
federate side, during the war and reconstruction periods, 
were Isham G. Harris, B. F. Cheatham, John C. Brown, 
and others. Among the Union leaders were Wm. G. 
Brownlow, Andrew Johnson, and Horace Maynard. 

1 See I 162, page 92. 



THE CIVIL WAR AND LATER. 35 

42. Constitution of 1870. — Another constitutional con- 
vention was held in 1870. It was*composed largely of 
the ablest men in the State. Few changes were made in 
the constitution as it existed at that time. The organization 
of private corporations was restricted to general laws to be 
enacted by the General Assembly. The suspension of the 
writ of habeas corpus was made subject to action of the 
General Assembly, instead of being left to the will of the 
governor. The restriction to suffrage requiring poll-tax to 
be paid was incorporated. The homestead exemption was 
also included, and the State, as already noticed, was barred 
from further aid to public enterprises in which a private 
interest exists. 

43. Political Parties. — In the early history of the State 
there was but little political excitement. The followers 
of Jefferson were in power. They were called Republicans, 
w r hich meant the same as Democrats at the present day. 
They had little or no opposition. The contests for office, 
at first, were of a purely personal character. Sometimes 
the friends of rival candidates made a vigorous struggle 
for the supremacy. The Whigs came into power in 1835 
by placing Newton Cannon in the governor's chair. They 
had challenged the Democrats to battle and the next ten 
years were noted for the fiercest political contests that 
have occurred in the history of any State. The governor- 
ship went, with the closest majorities, first to one side and 
then to the other. The Whigs, however, carried the State 
in every presidential election from Jackson to Buchanan. 
They elected their last governor, William B. Campbell, in 
1851. The Democrats were then in the ascendency till the 
Civil war, during wrhich the Republicans came into power. 
In 1870 the Democrats elected John C. Brown governor 
and have had the leadership, with little exception, since 
that time. We may congratulate ourselves that, at pres- 
ent, violent partisanship is passing away and an era of 
good feeling is being ushered in. 



36 HISTORICAL SKETCH OF TENNESSEE. 

44. Church Organizations. — Tennessee inherited from 
North Carolina a reverence for sacred things. The funda- 
mental laws of both States have always recognized the 
truth and obligations of the Christian religion. The sepa- 
ration of Church and State, together with freedom of con- 
science in worship, has been guaranteed in every constitu- 
tion adopted. The only restriction is that u no person 
who denies the being of a God, or a future state of rewards 
and punishments, shall hold any office in the civil depart- 
ment of this State." 1 

With the first settlers came ministers of the leading de- 
nominations, who carried the Bible in one hand and the 
rifle in the other. In cabin homes, in barns, in school- 
houses, and under the spreading forest trees, they preached 
and organized churches. They received little or no remu- 
neration, but earned their own living and bore their part in 
subduing the great wilderness. Some of the first preachers, 
representing the leading denominations, were Charles 
Cummings, Presbyterian ; Tidence Lane, Baptist ; and Jere- 
miah Lambert and Benjamin Ogden, Methodists. 

In the opening years of this century, great religious 
revivals arose. Vast congregations assembled in the forests 
and held what were called camp-meetings. Intense ex- 
citement prevailed. The first meetings occurred in the 
Cumberland settlements. 

The Cumberland Presbyterian church originated in 
Tennessee in connection with the great awakening men- 
tioned, being organized in Dickson county in 1810. The 
first congregation of the Episcopal church in this State 
was organized by Rev. James H. Otey at Franklin, in 1827. 
The Church of the Disciples, or Christian church, appeared 
in Tennessee about the same time, or perhaps earlier, but 
increased rapidly after 1830. The Roman Catholic church 
began its work in the State between 1820 and 1830. The 

1 See Constitution, Art. ix ; Sec. 2. 



THE CIVIL WAR AND LATER. 37 

Catholic and the Episcopal churches are confined mainly 
to the cities. The Lutheran church came with the early 
immigrants. The Hebrews have had an organization since 
1852, when a congregation was formed in Memphis. The 
leading Protestant denominations are well represented 
among the colored population. 



CHAPTER X. 

LAST GOVERNORS AND CONCLUSION. 

45. The Last Governors. — The State had two strong 
war governors — Isham G. Harris at the beginning, favoring 
the Confederacy, and Andrew Johnson later, and nearly to 
the close, representing the National government. Johnson 
served from 1862 to 1865, having been appointed military 
governor by President Lincoln. He was always a staunch 
Union man and did much to bring the State back under 
Federal authority. William G. Brownlow, another promi- 
nent Union leader, was elected governor in 1865, and again 
in 1867, serving till 1869, when he resigned to take a seat in 
the United States senate. D. W. C. Senter, the speaker of 
the State senate, finished out the few remaining months of 
his term, and was also elected for an additional term, 
serving till 1871. So far, the governors, since the Civil 
war, had been Republicans. The Democrats now came 
into power under John C. Brown, an able leader who had 
risen to the distinction of a major-generalship in the Con- 
federate army. He served two terms from 1871 to 1875, 
and was followed by James D. Porter who also served two 
terms, or from 1875 to 1879. The chief executive for the 
next two years was Albert S. Marks. About this time the 
settlement of the State debt, upon which the interest had 
failed to be paid, became an absorbing question in poli- 



38 HISTORICAL SKETCH OF TENNESSEE. 

tics. The Democratic party divided into two factions, 
each putting forth a candidate for governor, and the Re- 
publicans elected Alvin Hawkins, who served from 1881 
to 1883. The legislature made various attempts to settle 
the State debt, but it remained a disturbing factor till 
during the first administration of Governor William B. 
Bate, who served from 1883 to 1887. Only a part of the 
bonds were paid in full. From 1887 to 1891, Robert L. 
Taylor occupied the governor's chair, being followed by 
John P. Buchanan, who served only one term. Peter Tur- 
ney has been governor since 1893, being now in his second 
term. 

46. Literature. — Tennessee has produced a reasonable 
amount of literature. The first book was Adair's " History 
of the American Indians," published at London in 1775. 
The earliest historian was Judge John Haywood, who 
wrote the first history of the State. At a later date (1853) 
Dr. J. G. M. Ramsey wrote "Annals of Tennessee." The 
history of Middle Tennessee was written (1859) by A. W. 
Putnam. Hon. James Phelan has also written (1888) 
a valuable history of Tennessee. Fiction is well repre- 
sented by Miss Mary N. Murfree, who, under the name of 
Charles Egbert Craddock, wrote " In the Tennessee Moun- 
tains," and other dialect stories portraying the illiterate 
mountain character. The work is rather overdrawn for 
general application. The author of " Little Lord Fauntle- 
roy," Mrs. Frances Hodgson Burnett, began her career as a 
Tennessean, having written her first important work at 
Knoxville. Many other minor works have been produced, 
especially in the line of religious controversy. From 
early times, and even recently, many books have been 
published at Knoxville, Nashville, and other points. 

47. Minor Points. — Jonesboro' is the oldest town in the 
State, having been laid out in 1779. Nashville was 
founded in 1784 and Knoxville was laid off in lots in 1792, 
though a number of houses had been erected at an earlier 



LAST GOVERNORS AND CONCLUSION 39 

date. Knoxville was the first capital of the State. The 
seat of government was afterwards located at Kingston, 
then at Murfreesboro', and finally at Nashville. The first 
newspaper in the State, called the Knoxville Gazette as it was 
soon to be issued from Knoxville, was published at Rogers- 
ville in 1791. Memphis was founded in 1819. The first 
penitentiary was built in 1831. Tennessee ranked first 
among the corn-producing States in 1840. The State-house 
at Nashville was begun in 1845 and finished in 1855. 
The Nashville and Chattanooga railway was the first built 
in Tennessee. 

48. Conclusion. — Few States have produced more dis- 
tinguished men than Tennessee. Her sons have filled 
honored positions in every walk of life. In the National 
government they have been distinguished as representa- 
tives, senators, justices on the supreme bench, ministers to 
foreign courts, and cabinet officers. She has given to the 
country three presidents — Jackson, Polk, and Johnson. 





Andrew Jackson. James K. Polk. 

Two other distinguished sons — of the purest if not the 
greatest — were defeated for the Presidency, Hugh L. 
White in 1836 and John Bell in 1860. Among her greatest 
governors were Sevier, Carroll, Polk, and Andrew Johnson. 
A large number of distinguished men in other southern 



40 



HISTORICAL SKETCH OF TENNESSEE. 




and western States have been 
natives of Tennessee. The most 
prominent figure in Tennessee 
history is Andrew Jackson, the 
man of independent action and 
iron will. 

No other State has a history 
more interesting than Tennes- 
see. In the short space of one 
hundred and twenty-five years 
her territory has been changed 
from a wilderness to that of 
a populous and powerful com- 
monwealth. She has passed through as many vicissitudes 
of government as we should expect to find in some of 
the oldest monarchies of Europe. In all great National 
questions she has taken a prominent part and exerted a 
controlling influence. Her people have been noted for 
their independence and love of liberty. They have decided 
convictions and place the integrity of their country above 
every other consideration. In every great war, her sol- 
diers have been found fighting bravely in the thickest of 
the battle. The sons and daughters of Tennessee may 
well be proud of their State. 



Andrew Johnson. 



NOTED EVENTS IN TENNESSEE HISTORY. 



►oX*0 



1541. The Spaniards under De Soto discover the Mississippi river 
near Memphis, being the first Europeans to touch Ten- 
nessee soil. 

1606. James I. grants Virginia, including Tennessee territory, to 
the London Company. 

1663. Charles II. grants, to Clarendon and others, territory includ- 
ing all of Tennessee except the northern part, which was 
added later. 

1682. La Salle builds Fort Prud'homme, near the present site of 
Memphis. 

1690. Doherty trades with the Indians in the Cherokee country. 

1714. Charleville builds a French trading-post on the site of the 
present city of Nashville. 

1730. Adair trades with the Indians in the Tennessee country. 

1740. Few people live west of Amelia county, Virginia. Last 
hunter's cabin to the west is in Bedford county, Virginia. 

1748. Dr. Thomas Walker's expedition into Tennessee ; Cumber- 
land river, gap, and mountains named. 

1754. Six families live west of New River, Virginia. 

1756. Fort Loudon is built on the Little Tennessee river, an out- 
post in the great wilderness. 

1761. W alien and hunting party name Wallen's Ridge. 

1769. First settlement on the Watauga river. 

1772. The Watauga Government is formed. 

1776. Watauga is annexed to North Carolina. Population about 
six hundred. 

1779. Jonesboro', the first town in the State, is laid out. 

(41) 



42 HISTORICAL SKETCH OF TENNESSEE. 

1780. Watauga soldiers help win the battle of King's Mountain. 
1780. The Cumberland country is settled by Robertson and "The 

Compact of Government ' ' formed. 
1780. The first school in the Mississippi valley was established 

about this time at Salem, in Washington county, by Dr. 

Samuel Doak. 

1783. Dr. Doak's school incorporated as Martin Academy by the 

North Carolina legislature. 

1784. The " State of Franklin " formed. Also Nashville founded. 
1790. North Carolina cedes her territory west of the Alleghanies to 

the United States. 

1790. "The Territory South of the River Ohio" established and 

William Blount appointed governor. 

1791. The Knoxville Gazette, the first newspaper in the State, pub- 

lished at Rogers ville, but with a view to being transferred 
to Knoxville. 

1792. Knoxville laid out by James White, only a few houses hav- 

ing been previously built. 

1794. First territorial assembly meets at Knoxville. Blount Col- 

lege, the origin of the University of Tennessee, established. 

1795. Navigation of the Mississippi river opened by Spain to the 

United States. 

1796. State constitution adopted and Tennessee admitted into the 

Union. 

1806. Congress appropriates two hundred thousand acres of land to 

establish colleges and academies in Tennessee. 

1807. First bank in the State is established at Nashville. 

1814. Jackson subdues the Creek Indians in the battle of the 

Horseshoe. 

1815. John Sevier dies while on a mission among the Creek In- 

dians in Alabama. 
1815. Jackson defeats the British at New Orleans. 

1818. First steamboat at Nashville. 

1819. Memphis is founded. 

1829-1837. Andrew Jackson is President of the United States. 
1830. Public schools are established. 

1830. First State board of internal improvements is appointed. 

1831. First State penitentiary is built. 

1834. Convention meets at Nashville and forms a new State con- 
stitution. 



NOTED EVENTS IN TENNESSEE HISTORY. 43 

1S35. Whig party conies into power in the State by electing New- 
ton Cannon governor. 
1839. Chattanooga is laid out. 

1845-1849. James K. Polk is President of the United States. 
1851. William B. Campbell, the last Whig governor, is elected. 
1855. The State capitol building at Nashville is finished. 

1861. Tennessee votes to join the Confederacy. 

1862. Fall of Fort Henry and Fort Donelson and occupation of 

Nashville by the Federals. 

1862. Battle of Shiloh, or Pittsburg Landing. 
1862-63. Battle of Murfreesboro'. 

1863. Siege of Knoxville. Battles of Missionary Ridge and Look- 

out Mountain. 

1864. Battle of Franklin. Battle of Nashville. 

1865. State restored to the Union and slavery abolished. 
1865-1869. Andrew Johnson is President of the United States. 
1870. Convention meets at Nashville and forms the present State 

constitution. 
1873. Present State school system is established. 
1889. John Sevier's remains removed from Alabama to Knoxville. 
1891. State secondary schools are established. 




THE GREAT SEAL OF TENNESSEE. 

PART II. 

THE CIVIL GOVERNMENT OF TENNESSEE. 



-~°XKo 



CHAPTER XI. 

THE PRESENT GOVERNMENT OF THE STATE. 

49. Tennessee is one of the States of the American 
Union and is a component part of the Nation. It has in- 
dependent powers, excepting those given over to the 
general government, as set forth in the Federal constitu- 
tion. The jurisdiction of the State is co-extensive with its 
boundaries. Tennessee is represented in the National 
congress by two senators and ten representatives. 

50. The Present Constitution of Tennessee was 
formed by the convention of 1870. It consists of a pre- 
amble, eleven articles, and a schedule. The preamble re- 
cites the fact that former constitutions had been adopted 
and gives the authority by which the convention for the 
present revision (1870) was assembled. Article first con- 
tains a declaration of rights. Article second treats of the 
distribution of powers into three distinct departments ; 
(44) 



THE PRE S EXT GOVERNMENT OF THE STATE. 45 

namely, the legislative, the executive, and the judicial. 
It also gives in detail the nature and scope of the legisla- 
tive department. The remaining articles are as follows : 
3. Executive Department; 4. Elections; 5. Impeachments; 
6. Judicial Department; 7. State and County Officers; 
8. Militia; 9. Disqualifications; 10. Oaths, Bribery of 
Electors, New Counties; 11. Miscellaneous Provisions. 
The schedule consists mainly of provisions for the proper 
adjustment of the State government under the new 
constitution. 

51. The Declaration of Rights. — In imitation of old 
English practice, the framers of our constitution intro- 
duced the declaration, or bill, of rights. Its main purpose 
is to secure inviolate the individual rights of the people. 
Among these may be mentioned freedom of worship, right 
of suffrage, freedom of speech, freedom of the press, se- 
curity in the possession of property, trial by jury, and the 
privilege of habeas corpus. 

52. Distribution of Powers. — In despotic countries all 
power is centered in the monarch. Under free govern- 
ment, as administered in modern times, it has been found 
necessary to have three distinct departments, — the legisla- 
tive, the executive, and the judicial. This principle was 
first brought out clearly in our Federal and early State 
constitutions, and it has since been adopted in the later 
State constitutions. In this way one branch of the govern- 
ment acts as a check against the others and secures the 
people against the possible tyranny of a concentration 
of powers. Thus, in Tennessee, the governor may check 
bad legislation by a veto, and he may, by pardon, protect 
citizens from erroneous and unjust decisions of the courts. 
On the other hand, the supreme court may declare 
unconstitutional and void any unauthorized law enacted 
by the legislative department ; and the latter may impeach, 
try, and remove from office the governor and supreme 
judges for an unconstitutional assumption of power. 



CHAPTER XII. 

THE LEGISLATIVE DEPARTMENT. 

53. The Legislative Authority of the State is vested 
in a General Assembly, which consists of two chambers 
called respectively the Senate and the House of Repre- 
sentatives. 1 The members are elected every two years, 
on the first Tuesday after the first Monday in No- 
vember, and meet in the capitol at Nashville, on the 
first Monday in January next ensuing the election. Each 
house determines its own rules of procedure, judges the 
qualification and election of its own members, and keeps a 
a record of its transactions. Two-thirds of the members 
of each house constitute a quorum. Members receive for 
their services four dollars a day and four dollars for every 
twenty-five miles traveled to arid from the seat of govern- 
ment. The pay is for a session of only seventy-five days, 
or for a call session of only twenty days. No minister of 
the gospel may become a member of the General Assembly. 
Duelists, and those who deny the existence of God or a 
future state of rewards and punishments, may hold no civil 
office in the State. In case of great emergency the General 
Assembly may temporarily meet elsewhere in the State 
than at the capital. 

54. The Senate. — The senators are apportioned among 
the counties according to the number of qualified voters 
and may not exceed one-third the number of representa- 
tives. Each senator must be a citizen of the United 
States, at least thirty years of age, and a resident of the 

1 The governor shares in legislation through his power to approve, or to 
veto, a bill. See § 61, page 52. 
(46) 



48 THE CIVIL GOVERNMENT OF TENNESSEE. 

State for three years and of the county or district for one 
year previous to election. The Senate, at the present time 
(1896), consists of thirty-three members. It is the duty 
of the Senate to pass upon appointments made by the 
governor, by either confirming them or rejecting them. 

&£>• The Representatives compose what is called the 
lower house. Their number is now ninety-nine, which 
number may never be exceeded. They are apportioned ac- 
cording to the number of qualified voters. The qualifi- 
cations are the same as for senator, except that represent- 
atives need be only twenty-one years of age. 

56. Scope of State Law. — The Assembly's legislative 
authority is limited only by the constitution of the United 
States and the constitution of Tennessee. The State con- 
stitution itself contains the fundamental or fixed law of 
the State. The enactments of the Assembly, or Legislature, 
constitute the statutory, or changeable, law. State law 
comes into very close contact with the people. It aims to 
promote their general welfare by regulating all such matters 
as the punishment of crime ; the support of charity and 
education ; the exercise of suffrage ; the methods of court 
procedure ; the government of civil districts, cities, and 
counties ; the buying and selling of property ; the rights 
of private corporations; the executing of notes, deeds, 
mortgages, and other business paper; the duties of of- 
ficers ; the raising of taxes ; the settlement of estates ; the 
maintenance of highways ; and other matters of practical 
life. 

57. Mode of Legislation. — Either house may originate 
bills, which may be amended, rejected, or altered by the 
other. All bills proposed are either rejected, or, having 
passed a second reading, are referred to appropriate com- 
mittees which in due time report them for either passage 
or rejection. The subject of every bill must appear in its 
title, nor may a bill embrace more than one subject. This 
is to prevent the smuggling through of undesirable laws. 



THE LEGISLATIVE DEPARTMENT. 49 

Every bill for the special purpose of repealing, annulling, 
or reviving former laws must clearly state the title, or 
substance, of those laws. Every bill must be read once, on 
three different days, and passed at each reading in the house 
in which it originated before it is sent to the other house, 
where a like reading and passage are required. After this 
it receives the signature of both speakers, and, if approved 
by the governor, it becomes a law. A majority of each 
house is required in order to pass a bill. At special 
sessions, only such matters may be considered as were 
specified in the governor's call convoking the session. 

58. Legislative Restrictions. — No bill that has been 
rejected may be brought up in any form and passed into a 
law during the same session of the Assembly. No law of a 
general nature may take effect until forty days after its 
passage, unless it specifies a different date and states that 
the public welfare requires it. No General Assembly may 
make an appropriation extending beyond the term of its 
existence. No Assembly or convention may act upon a 
proposed amendment to the United States constitution, if 
the members of the Assembly or of the convention were 
elected before the amendment was submitted. No As- 
sembly may pass laws for the special and exclusive benefit 
of individuals, nor may it provide for organizing private 
corporations except under a general law. No Assembly 
may grant divorces, authorize lotteries, or change the 
names of persons. 

59. Officers and Committees. — Each house elects a 

speaker, or presiding officer, from among its own members. 

The other principal officers are a chief clerk and an assistant 

clerk, who keep a record of the proceedings, a journal clerk, 

an engrossing clerk, a chaplain, a sergeant-at-arms, and a 

door-keeper. Standing committees are appointed for. all 

the usual subjects upon which legislation is had. These 

generally number about thirty. No special committee 

may be appointed when there is a standing committee on 
4 



50 THE CIVIL GOVERNMENT OF TENNESSEE. 

the same subject. Members of committees receive addi- 
tional pay for extra services. 

60. Impeachments. — If the higher State officers, such 
as the governor, the judges of the courts, the State treasurer, 
etc., are guilty of crime in their official capacity, they may 
be impeached, and, if found guilty, they are removed from 
office and disqualified from holding office in the future. 
Other civil officers, for official crimes and misdemeanors, 
may be indicted and tried by the courts. 

The power to institute an impeachment belongs to the 
House of Representatives alone. All impeachments are 
tried by the Senate. When a case of impeachment is 
tried, the chief-justice presides, and a vote of two-thirds of 
the whole number of senators sworn to try the impeach- 
ment is required to convict. 



CHAPTER XIII. 

THE EXECUTIVE DEPARTMENT. 

61. The Governor. — The supreme executive officer of 
the State is the governor. He is to the State what the 
president is to the Nation. His power, however, is not so 
great as that of the president. He has no cabinet. Most 
of the State officers, whom we might expect to belong to 
the governor's cabinet, are elected by the Legislature. 
The governor is elected by the qualified voters at the time 
when they elect members of the General Assembly. He is 
chosen to serve for two years and receives a salary of $4000 
annually. He must be a citizen of the United States, must 
be at least thirty years of age, and must have been a citizen 
of the State for at least seven years. He is commander-in- 
chief of the active militia 1 of the State, known as the Na- 
tional Guard, State of Tennessee, or Army of Tennessee, 
which he may call upon to repel invasion or to suppress 
insurrection. He may, also, for a like purpose, summon 
to his aid the sheriff of any county accompanied 
by a designated number of citizens. The governor has 
great freedom with regard to the pardoning power and is 
sometimes censured for its too liberal exercise. It is his 
duty to see that all laws are faithfully executed, to convoke 
the Legislature in special session when necessary, and to 
suggest to that body important matters for its considera- 
tion. In case of his death or removal, the speaker of the 
Senate succeeds him. If that officer should be removed, 

1 When called into the actual service of the National government, the 
State militia is under the president's command. See U. S. constitution, 
Art. II., Sec. 2. 

(51) 



52 THE CIVIL GOVERNMENT OF TENNESSEE. 

the speaker of the House succeeds. The great seal of 
the State is in the governor's keeping, to be used by him 
officially, or under his direction to be used by the secretary 
of state. The governor's signature is necessary to the 
passage of every law, but he may veto any bill which seems 
to him not for the public good. Yet a majority of the 
whole number of members elected to each house of the 
Assembly may pass an act over his veto. A bill may also 
become a law without the governor's signature, if he 
delays his veto beyond five days (Sunday excepted) 
after the bill has been presented to him, provided the 
Legislature does not in the meantime adjourn. In case 
of a vacancy, the governor fills certain offices by appoint- 
ment till an election can be held. The patronage of the 
governor has in recent years been considerably increased 
by the appointment of various inspectors and other State 
officials. The governor is allowed a private secretary at a 
salary of $1500 ' per annum. 

62. The Secretary of State is elected by a joint vote of 
the General Assembly and serves for four years. He keeps 
a record of all the official acts of the governor, and when re- 
quired he must lay the same, with all papers, minutes, and 
vouchers relating thereto, before the General Assembly. 
It is his duty also to keep bound, and on file in his office, 
the original acts and resolutions of the General Assembly, 
and to have attested copies printed. He is required to 
publish the official acts of the Assembly in one news- 
paper printed in each grand division of the State. He sees 
that public officers file in his office their bonds to the 
State ; makes out all commissions issued by the governor, 
and affixes to them the seal of the State after they have 
received the governor's signature. He also seals such other 
instruments as the governor authorizes. He compares 
election returns, publishes a list of corporations, distributes 

1 Salaries are often changed by Legislatures in making appropriations. 



THE EXECUTIVE DEPARTMENT. 53 

public documents, and is ex officio a trustee of the University 
of Tennessee. His salary is $3000 per annum. 

63. The Comptroller is elected by the General Assembly 
and serves for two years. He must keep his office at the 
capitol. It is his duty to audit all claims against the State 
and to order their payment when approved. He furnishes 
assessment blanks to county clerks, arranges for the collec- 
tion of revenue in the various counties and keeps all 
necessary accounts regarding the same. It is his duty 
to apportion the school fund among the counties, and to 
look after the general finances of the State. He also collects 
delinquent taxes, through an appointee in each county 
called the back-tax attorney, and he appoints five revenue 
agents whose duty it is to examine the records of all 
county officials who collect State revenue. He reports all 
his acts to the General Assembly. His salary is $3500 
per annum. 

64. The State Treasurer is elected by the General As- 
sembly and serves for two years. He receives and pays 
out, on order of the comptroller, all State moneys which 
come in as taxes or otherwise. He is required to make a 
careful record of all his financial accounts and report to the 
governor. His salary is $3500 per annum. He also 
discharges the duties of insurance commissioner and build- 
ing and loan inspector, for which he receives a salary of 
$1500 per annum. The State treasurer and the comptroller 
are intended to act as checks upon each other. 

65. An Assayer to make an analysis of ores, the law 
provides, shall be appointed by the governor to serve for 
a term of two years, but this appointment is rarely or 
never made. The governor appoints a superintendent of 
the capitol and guards, who serve during his pleasure. 
He also appoints an inspector of illuminating oils in each 
town of more than one thousand inhabitants. 

66. The State Geologist and Mineralogist is ap- 
pointed by the governor with the concurrence of the 



54 THE CIVIL GOVERNMENT OF TENNESSEE. 

Senate, and serves for two years. It is his duty to make 
topographical, geological, and mineralogical surveys of the 
State with a view to developing its mineral resources. At 
present he is required to devote but a small portion of his 
time to the work and is paid only $500 per annum. 

67. The State Librarian, elected by the General As- 
sembly, has charge of the State library which is located in 
the capitol building. The term of office is for two years 
and the salary, $1000. Women are eligible, and usually a 
woman is elected to this office. The librarian may employ 
a suitable assistant at a salary of $500. 

68. The Bureau of Agriculture is under control of the 
commissioner of agriculture, who is appointed by the 
governor with the concurrence of the Senate, to serve for 
two years. His office is in the capitol. He receives $2500 
per annum, including traveling expenses not exceeding 
$800. He is allowed a clerk with $1350 salary and may 
appoint one assistant for each grand division of the State. 
He appoints, also, with the governor's consent, not more 
than three inspectors of fertilizers, a geologist, and a chemist. 
It is his duty to make a collection of the State's agricultural 
products for his office, to direct the analysis of fertilizers 
offered for sale in the State, to provide for the study of 
insects injurious to vegetation, and the diseases of crops 
in the State. He collects statistics of the shipment of 
products, the extent of manufactures, and the facilities for 
the same. He is required to print reports of his work, to 
publish accounts of the State's resources, and to encourage 
immigration. 

69. The Inspectors of Fertilizers serve at the pleasure 
of the commissioner of agriculture. They are required to 
inspect all fertilizers offered for sale and to take specimens 
of the same ; each inspector receiving for his services not 
more than one-third of the fees collected by him, and in no 
case more than $1000 per annum. The specimens of fer- 
tilizers collected are turned over to the experiment station 



THE EXECUTIVE DEPARTMENT. 55 

of the University of Tennessee, or to some competent 
chemist, to be analyzed, tested, and reported, for the 
benefit of agriculture. The inspection fee is fifty cents for 
each ton of fertilizers sold or shipped into the State. The 
cost of inspection and analysis must be paid from this 
fund. The balance goes to a fund for the support of the 
bureau of agriculture. All fertilizers sold in the State 
must bear the tag of the commissioner of agriculture 
showing their contents, which must be of a certain char- 
acter prescribed by the commissioner. 

70. The Bureau of Labor and Mining" Statistics is 
under the control of an officer called "The Commissioner of 
the Bureau of Labor, Statistics, and Mines." He is ap- 
pointed by the governor, with the approval of the Senate, 
and serves for two years. His office is in the capitol and 
his salary is $1800 per annum with traveling expenses. 
He has one clerk with a salary of $1200. The commissioner 
must be a practical miner with not less than five years' 
experience. His duty is to collect labor and mining 
statistics and especially such as relate to the laboring 
classes. He is required to keep maps and plans of the 
mines of the State, and to inspect mines, mills, and 
factories, in order to see that life is protected and that 
the law regulating such industries is complied with. He 
reports to the governor annually and to the General 
Assembly. 

71. The State Board of Health consists of seven mem- 
bers, five of whom must be practicing physicians. They 
serve for five years and fill their own vacancies, with the 
governor's advice and consent. The original appoint- 
ments were made by the governor. The board meets 
quarterly at Nashville and has a general care for the health 
of the State. In case of epidemics, it has power to estab- 
lish quarantine. This power extends to the control of com- 
municable diseases among domestic animals, which may be 
killed to prevent the spread of the disease, Upon nomi- 



56 THE CIVIL GOVERNMENT OF TENNESSEE. 

nation by this board, the governor appoints a State veteri- 
nary surgeon to serve for five years. 

72. The State Board of Medical Examiners is appoint- 
ed by the governor, and consists of six physicians who are 
graduates of reputable medical colleges, the three principal 
schools of medicine being represented. It is required that 
two members of the board shall be selected from each of 
the three grand divisions of the State. They serve for six 
years. It is the duty of the board to pass upon the qualifi- 
cation of all persons who desire to become medical practi- 
tioners. No person may practice medicine or surgery in 
Tennessee without a certificate from this board. Qualifi- 
cation is determined by an examination, or by the applicant's 
diploma received from some medical college in good stand- 
ing. Every physician is required, before practicing, to 
have his certificate registered in the office of the clerk 
of the county in which he resides. The board meets once 
in each year. Its members may each receive as compen- 
sation ten dollars a day and expenses paid out of the 
treasury of the board, which is replenished only by fees 
received for examinations and for certificates. 

73. The State Board of Pharmacy, consisting of 
five members, is appointed by the governor, to serve for 
five years. Its chief duty is to pass upon the qualification 
of all persons who desire to practice pharmacy, and to 
issue to them a certificate when they are found competent. 
No drug house in any incorporated town of the State may 
compound prescriptions except through a registered phar- 
macist who bears from the State board a certificate which is 
registered annually. Outside of incorporated towns the re- 
striction does not apply. The board meets every year at 
Nashville. Its members are paid five dollars a day and 
expenses from a fund derived from fees for examinations 
and certificates and from fines for a violation of the law 7 
regulating pharmacy. 

74. The Board of State Charities consists of six per- 



THE EXECUTIVE DEPARTMENT. 57 

sons appointed by the governor, not more than four of 
whom may belong to the same political party. They re- 
ceive no salary and serve for three years. It is their duty 
to investigate the system of State charities and correc- 
tional institutions, especially prisons, jails, infirmaries, 
public hospitals, and asylums. They examine all plans for 
new jails, public infirmaries, and hospitals, and give sug- 
gestions to local authorities regarding the same. 

75. The State Militia. — All able-bodied men in Tennes- 
see between the ages of eighteen and forty-five years, un- 
less legally exempted, are subject to military duty and are 
called " Tennessee State Militia." An active militia, with 
regular army organization, is also provided and called 
the "National Guard, State of Tennessee," or "Army 
of Tennessee." The governor, as commander-in-chief 
of the State forces, has a staff composed of an 
adjutant-general, who is chief of staff, an inspector- 
general, a quartermaster and commissary-general, a sur- 
geon-general, a judge-advocate general, and an inspector 
of rifle practice, the rank of each being brigadier-general. 
There is also an aid, with the rank of colonel, from each 
congressional district. It is the duty of the adjutant- 
general to transmit all orders of the commander-in-chief, 
to keep records, to have charge of the State armory and flags, 
and to make a full report to the commander-in-chief every 
two years, on or before the meeting of the General Assembly. 
He must live at the State capital. His salary is $1800 
per annum. The duties of the other officials are indicated 
by their names. The general regulations and tactics of the 
National Guard conform to those of the United States 
army. The pay when in actual service is the same as that 
of officers and enlisted men in the United States army. 

Note : The duties of the State Superintendent of Public Instruction 
are described in the chapter on Education, § 152, page 89. 



CHAPTER XIV. 

THE JUDICIAL DEPARTMENT. 

76. The Judicial Power of the State is vested in a 
supreme court and in such inferior circuit, chancery, and 
other courts as the Legislature may establish. Municipal 
courts and justices' courts are also provided for. All courts, 
except those of justices of the peace and municipalities, 
hold their sessions at the county court-house, unless im- 
practicable or inconvenient, in which cases any other room 
in the county town may be occupied. Except by consent 
of parties, no judge can try a case in which he is inter- 
ested, in which he has been an attorney, or in which he 
is related to either party by consanguinity or affinity, 
to the sixth degree. Every court has power to enforce 
order, to punish for contempt, and to compel obedience to its 
judgments, orders, and processes. Minutes of the pro- 
ceedings must be read in open court each morning and 
signed by the judge. 

77. The Supreme Court consists of five judges, one of 
whom is designated by themselves as chief justice. They 
are elected by the qualified voters for a term of eight years. 
They must be at least thirty-five years of age and must have 
been residents of the State for at least five years. Three of the 
judges must concur in every decision. The business of this 
court is to hear appeals from lower courts. The court holds 
its sessions at Knoxville, Nashville, and Jackson respec- 
tively. The salary of a supreme judge is $3500 per annum. 

78. Court of Chancery Appeals. — On account of the 
great increase of business in the supreme court, the General 
Assembly has established a court of chancery appeals, which 

(58) 



THE JUDICIAL DEPARTMENT. 59 

has jurisdiction over equity cases appealed from the lower 
courts. Its decisions are final, except on questions of law, 
which may be carried to the supreme court. This court has 
three judges — one from each grand division of the State — 
and their salaries are the same as the salaries of the supreme 
judges. Those first elected were to serve until the gen- 
eral election of 1896, after which the term is eight years. 
The court holds annual sessions at Nashville, Knoxville, 
and Jackson. Sessions may also be held at Memphis and 
Chattanooga. 

79. Attorney-General and Reporter. — This officer is 
elected by the judges of the State supreme court. His term 
of office is eight years. His salary is $3000 per annum with 
the addition of all copyright profit for five years on his 
reports. It is his duty to conduct all the State's business 
in the supreme and Federal courts ; to give legal advice to 
State officers, when desired, and to attend to other matters 
required by law. He also reports and publishes the 
decisions given in cases that come before the supreme 
court, when new points of law are decided, or when he is 
directed by the court to do so. These decisions serve as 
precedents for future cases of like character. 

80. Circuit Courts. — For the proper administration of 
justice the State is divided into nineteen circuits, in each 
of which courts are provided at suitable points. For each 
circuit the qualified voters elect a judge to serve for eight 
years. He must be at least thirty years of age and a resident 
of the State for five years and of the circuit for one year. 
His salary is $2500 per annum. Cases may originate in 
the circuit court, or may come up by appeal from justices 
of the peace. This court tries both civil and criminal 
suits, except in the larger counties. Its action is based 
upon the common law, and hence it is called a law court 
as distinguished from the chancery or equity courts. 

81. Chancery Courts. — Equity proceedings in Tennes- 
see are provided for in courts which are separate from the 



60 THE CIVIL GOVERNMENT OF TENNESSEE. 

law courts and are called chancery courts. In these courts a 
case is tried on its merit, or equity, rather than on the formal 
demands of the law as in the law courts. Both these forms 
of judicial procedure were inherited from North Carolina, 
but they originated at an early period in English history. 
The law courts were based upon the common law of Eng- 
land, while equity proceedings were founded on the Roman 
civil law as interpreted by the king's chancellor, or chief 
adviser, who was generally a Roman priest to whom 
cases in equity were referred. In chancery proceedings 
a jury is rarely called (never, except to pass on questions 
of fact) and the usual object is to redress some wrong not 
reached by the common law. Most States unite the two 
systems in the same court. The judicial officer in a 
chancery court is called chancellor. His qualifications, 
election, salary, and term of office are the same as for 
circuit judges. There are twelve chancellors in the State 
who hold courts in a like number of chancery divisions. 

82. Criminal Courts. — In many of the more populous 
counties, civil and criminal procedure are separated. 
Civil suits are tried in the circuit court, while a special 
criminal court is provided to take charge of all criminal 
cases. The judges of the criminal courts must have the 
qualifications required of judges of other courts. The 
salary is in most cases $2500 per annum. 

83. County Courts. — The county court in Tennessee 
is peculiar in its character. Its powers are ministerial, 
judicial, and legislative. It is made up of the justices of 
the county and meets quarterly in January, April, July, 
and October. Some of the larger counties have judges; 
otherwise a chairman presides. The duties of the court 
are too numerous to be given in detail. It has original juris- 
diction in the settlement of insolvent estates, the probate 
of wills, the appointment of guardians for minors, and 
many like matters. In certain cases, it also has concur- 
rent jurisdiction with the chancery and circuit courts. It 



THE JUDICIAL DEPARTMENT. 61 

levies county taxes and appropriates moneys for all county 
purposes. 

84. Court Clerks. — Each of the various courts has a 
clerk whose duty it is to keep a record of all the court's 
proceedings and to perform such other duties as may be 
required by law. The supreme court has one clerk for 
each grand division of the State, appointed by the supreme 
judges to serve for six years. He also acts as clerk for the 
court of chancery appeals. The chancery court clerk is 
appointed by the chancellor to serve for six years. He is 
called clerk and master. The clerks of county, circuit, 
criminal, and special courts are elected for four years by the 
qualified voters under their jurisdiction. All clerks are paid 
by fees which are prescribed by law. The county court clerk 
has many additional duties which bring him in close contact 
with the people. He issues marriage licenses, qualifies and 
settles with administrators of estates, settles with guard- 
ians of minor heirs, takes the acknowledgment of deeds 
and other instruments entitled to registration, and receives 
the tax thereon, keeps a record of all appropriations made 
by the county court, and performs such other duties as are 
required of him by law. 

85. Justices* Courts. — Justices of the peace are elected 
by the civil districts, but the jurisdiction of their courts 
reaches over the whole county, and extends, in civil cases, 
to one thousand dollars on notes of hand ; to accounts not 
over five hundred dollars, and they may decide, on equity 
principles, cases involving less than fifty dollars. Juris- 
diction is also had in petty criminal cases. Fine or im- 
prisonment may be imposed for misdemeanors, but in all 
felony cases, the offender, if guilty, is bound over for trial 
at the next term of the criminal or circuit court. 

86. Municipal Courts. — In incorporated towns, the 
recorder, and sometimes the mayor, holds a police court 
for the trial of offenses against city ordinances. He has 



62 THE CIVIL GOVERNMENT OF TENNESSEE. 

concurrent jurisdiction with justices of the peace in crim- 
inal offenses against the State or the municipality. 

87. District Attorney. — The district attorney, or attor- 
ney general for thejudicial circuit, is elected by the qualified 
voters to serve for eight years. It is his duty to conduct 
State prosecutions in criminal cases, to proceed against 
public officers in case of delinquency, and in numerous 
ways to protect and defend the State's interest. He is paid 
by the State and his remuneration is in proportion to the 
number of prosecutions and convictions. 



CHAPTER XV. 

STATE AND COUNTY INSTITUTIONS. 

88. Asylum for the Insane. — The State has three 
asylums for the insane — the first at Nashville for Middle 
Tennessee, the second at Knoxville for East Tennessee, and 
a third at Bolivar for West Tennessee. Each has corpo- 
rate powers and is organized under a board of trustees who 
elect a superintendent and direct the general management 
of the institution. 

89. School for the Blind. — This institution is located 
at Nashville. Its organization is similar to that of the in- 
sane asylums. The studies pursued are such as are usually 
taught to young persons. The pupils are also taught such 
trades and handicrafts as they can practice to advantage. 

90. Deaf and Dumb School. — This similarly organized 
school is located at Knoxville. It is established for the 
purpose of educating the deaf mutes of the State, who are 
admitted free of charge. Instruction is given in the sign 
language, in literary studies, and in such trades as may be 
useful. 

91. Confederate Soldiers' Home. — The " Hermitage," 
the former home of Andrew Jackson, being the property 
of the State, has been, with the exception of twenty-five 
acres containing the tomb and mansion, set apart as a 
home for indigent and disabled State and Confederate 
soldiers and their widows and orphan children. Those 
admitted must come from the congressional districts ac- 
cording to population. The institution is supported by 
about five hundred acres of the Hermitage lands and by 
liberal appropriations from the State Legislature. 

(63) 



64 THE CIVIL GOVERNMENT OF TENNESSEE. 

92. The State Penitentiary. — Persons convicted of 
crimes against the State of the grade of felony 1 are usually 
confined in the penitentiary at Nashville, where the prisoner 
is kept at hard labor. For some years the convicts were 
leased to private parties who employed them in manu- 
factories, mines, and public works. A new penitentiary is 
now (1896) being built near Nashville, and the State has 
purchased a farm on which prison supplies are to be raised, 
and coal lands where the convicts may be employed in 
mines. A board of prison commissioners has control of 
the penitentiary and all that pertains to it. The prisoners 
are kept at work in the State mines and prisons, or on the 
farm, and, in case employment can not be thus furnished, 
the board may lease them. The institution is intended 
to be reformatory in character. Prisoners sometimes 
learn a useful trade and by their good conduct may have 
their time of sentence shortened. Each prisoner is fur- 
nished with a Bible, which he is allowed to read in his cell. 

93. Jails. — Every county has, at the county-seat, a jail 
for the confinement of prisoners. It is in charge of the 
sheriff, who may appoint a jailer to serve in his stead. 
When necessary, guards are employed. The officers are 
paid by fees. 

94. Work-houses. — Any county may establish a work- 
house, or use its jail for a work-house, in which persons 
convicted of misdemeanors and minor felonies 2 maybe 
confined at hard labor. When practicable the prisoners are, 
by preference, to be worked on the public roads. The 
work-house is controlled by the county judge (or by the 
chairman of the county court where there is no judge), and 
four commissioners who are elected by the county court 

1 The State law provides that all crimes punished by imprisonment in 
the penitentiary, or by infliction of the death penalty, are to be denomi- 
nated felonies. 

2 If the felony merits an imprisonment of less than one year in the 
penitentiary, the punishment may be commuted to a shorter term in the 
county jail, or to hard labor in the county work-house. 



STATE AND COUNTY INSTITUTIONS. 65 

for a term of two years. The commissioners elect a super- 
intendent who has direct charge of the management. 
Many of the prisoners, having been found guilty of misde- 
meanors, are committed to the work-house for failing to 
secure the payment of fines and costs, the amount of which 
they are required to work out at the rate of forty cents a 
day. Good conduct secures a shortening of their term of 
imprisonment. 

95. Poor-houses. — Every county has, or may have, an 
asylum for the indigent who are helpless and friendless. 
It is managed by three commissioners who are elected by 
the quarterly county court. It is the duty of the commis- 
sioners to provide a farm and proper buildings to accom- 
modate the inmates and a superintendent whom they 
elect. A physician is also provided. The institution is 
supported by appropriations from the county court. As- 
sistance may also be given to individual paupers and 
to benevolent institutions of a private character. 

5 



CHAPTER XVI. 

HABEAS CORPUS, JURIES, AND COURT PROCEDURE. 

96. Habeas Corpus. — The right of habeas corpus orig- 
inated in England at an early date and is still considered 
one of the most important principles of English and Amer- 
ican liberty. It is recognized in the constitution of Ten- 
nessee as an inviolate privilege. Its object is to prevent 
unjust imprisonment. A writ of habeas corpus may be 
obtained from a chancellor, or from a judge of either the 
circuit, the criminal, or the supreme court. The writ must 
state that the prisoner is illegally detained and name the 
party restraining him, and the alleged cause. The im- 
prisoned party is then brought into court, and, if no just 
cause for detention is found, he is released. Otherwise 
he is returned to jail to await trial. Our State constitution 
provides, in its declaration of rights, that "the privilege 
of the writ of habeas corpus shall not be suspended, unless 
when, in case of rebellion or invasion, the General Assembly 
shall declare the public safety requires it." 

97. Juries. — Juries are of two kinds — a grand jury and 
a petit, or trial, jury. The regular juries are appointed by 
the county court, and, so far as practicable, one juror must 
come from each civil district. Every male citizen who is a 
free-holder or a house-holder, and at least twenty-one years 
of age, unless otherwise disqualified, may serve as a juror. 
It is the business of the grand jury to pass upon indict- 
ments and presentments for crime. The petit jury sits for 
the hearing of cases and brings in a verdict at the end .of 
the trial. In Tennessee, the grand jury numbers thirteen 
men and the petit jury twelve. The jury system is another 

(66) 



HABEAS CORPUS, JURIES, COURT PROCEDURE. 67 

institution which we have inherited from our early English 
ancestors. The trial jury has come down through various 
modifications and is yet in a transition state. The present 
tendency in Tennessee is to dispense with trial juries and 
to give their work over to the judges. 

98. Suits in Court. — Civil suits are tried in the circuit 
court, or in the chancery court. If the decision rests on 
the plain facts of statute and common law, the case 
generally goes to the circuit court. If more weight is to 
be given to reason, good conscience, and equity, it more 
properly goes into chancery. However, there is not now 
so great a difference as formerty existed between the funda- 
mental principles of the tw r o courts. 

In ail lawsuits there must be two parties — the plaintiff 
who brings the suit and the defendant who is sued. Each 
side is represented by one or more attorneys who are ex- 
pected to be learned in the law and to conduct the suit in 
the interest of their clients. 

In criminal cases, the entire people of the State are said 
to be the injured parties, because the peace and dignity of 
the State have been violated. Hence the State is the 
plaintiff in a criminal suit, and the accused is the defendant. 
Criminal cases are tried in the criminal court, in counties 
in which a criminal court has been established, but other- 
wise in the circuit court. 

99. Action in Circuit Court in Civil Cases is begun 
by giving bond for the costs and procuring from the clerk a 
summons to the defendant to appear in court at a day 
stated. If the party suing is not able to pay the expenses 
of the suit, he may make affidavit of that fact and procure 
the summons without bond. This summons must issue 
at least five days before the sitting of the court. Within 
the first three days of the term of court, the party suing 
must file with the clerk a written statement of his cause 
of action, which statement is called a declaration. Within 
two days thereafter the party sued must file his written 



68 THE CIVIL GOVERNMENT OF TENNESSEE. 

answer, which is called a plea and which is usually very 
short. When the declaration and plea have been filed, the 
case is tried, usually at the next term of court. The judge 
presides at the trial, and witnesses are put upon the stand 
and questioned by the attorneys. The attorneys argue the 
case and the judge delivers, to the jury, his charge, which 
is a statement of the law of the case. The jury retire 
from the court-room, consider the case, and report a verdict 
to the judge. There is usually a motion for a new trial, by 
the losing party. If the motion is sustained by the judge, 
the case is tried again, usually at the next term. If it is 
not sustained, the judge renders judgment, and then the 
only remedy of the losing party is by appeal to the supreme 
court. 

100. Action in Chancery. — A suit in the chancery court, 
or court of equity, is always begun by what is called a bill. 
Usually it is longer and goes more into detail than a declara- 
tion in a circuit court. In a circuit court the summons is 
the beginning of the suit, and, as a rule, it must be taken 
out before the declaration is filed ; but, in a chancery court, 
the cost bond is given and then the bill is filed, and there- 
upon the subpoena to answer, which is equivalent to the 
summons, is issued, requiring the defendant to appear in 
court on a day fixed. The usual method of defense is 
called the answer, because in it the defendant answers all 
the charges made against him in the bill. When the 
answer has been filed, the proof is taken, and, almost 
invariably, it is in the form of depositions, that is to say, 
written questions by the lawyers and w T ritten answers by 
the witnesses. These depositions are read to the chancellor, 
and on them he decides the facts of the case and applies 
the law. Sometimes, but not often, a jury is called in the 
chancery court. The chancellor, when he has decided a 
case, renders what is called a decree, which is the equi- 
valent of a judgment in the circuit court. 

101. Criminal Cases.— When a crime is committed, a 



HABEAS CORPUS, JURIES, COURT PROCEDURE. 69 

warrant may be procured to bring the offender before a 
justice of the peace, who hears the evidence, and, if he 
adjudges the party prospectively guilty, he binds him over 
to the criminal court, (or to the circuit court, in counties 
where there is no criminal court,) to be tried at the next 
term. The prisoner may give bail, unless he is evidently 
guilty of a capital offense. If he is confined in jail, he or 
his friends may apply for a writ of habeas corpus to test 
the justice of his imprisonment. If, upon investigation, 
the commitment is found to have been irregular, he is 
released, or, if the bail is excessive, it may be reduced by 
the trial judge ; otherwise the prisoner is sent back to jail 
to await the action of the grand jury at the regular session 
of the court. 

In all criminal procedure in court, the person accused 
is first indicted before a grand jury, who return " a true 
bill," if the party is prospectively guilty. If he has not 
already been brought before a justice of the peace, a capias 
then issues from the court and he is arrested. If the crime 
is not a capital offense, he may give bail ; otherwise he 
is committed to jail to await his trial. 

When brought to trial, if the prisoner has no counsel to 
conduct his case, the court assigns him counsel. He has 
the right to trial by a jury, which his counsel selects care- 
fully. The counsel's proper duty is to see that his client 
has justice. The opposing counsel, who is the district 
attorney, represents the State's interest and endeavors to 
have the ends of justice met and the public conscience 
vindicated. The prisoner is arraigned, and, if he pleads 
"guilty," he is sentenced at once. If his plea is "not 
guilty," the trial proceeds. The district attorney presents 
the case and furnishes evidence to support the prosecution. 
Both sides introduce and examine witnesses. The usual 
arguments by attorneys, and the judge's charge to the jury, 
follow. The jury then retire to agree upon a verdict, 
which must be unanimous. If the prisoner is found 



70 THE CIVIL GOVERNMENT OF TENNESSEE. 

guilty, judgment is pronounced. If sufficient cause can 
be shown, the judge may grant a new trial, or an appeal 
may be taken to the supreme court. If, at any time, a 
jury cannot agree upon a verdict, there is a mistrial, 
and all must be gone over again in the same court. After 
the accused has been once acquitted he can not be tried 
a second time for the same offense. This provision is 
made a part of the declaration of rights in the consti- 
tution of the State. 

102. Appeal. — The decisions of all these courts may be 
dissented from by appeal. Then the case is carried to the 
supreme court of the State for a final decision. 1 There it is 
simply reviewed by the judges (always without a jury), 
and, if no error is found, the judgment of the lower court 
is affirmed. If any error is found, the case is returned to the 
lower court for a new trial. When a final decision is 
reached in civil cases, if the losing party does not make 
settlement, an execution is issued and his property is sold 
to satisfy the judgment. In case any principle of Federal 
law or of the Federal Constitution is involved, the suit is 
transferred to the United States court for trial. 

1 Certain cases are carried to the court of chancery appeals, where the 
decision may be final. 



CHAPTER XVII. 

COUNTY GOVERNMENT. 

103. The First County in Tennessee was Washington. 
It was formed in 1777 by the General Assembly of North 
Carolina and embraced all of the present area of the 
State. Other counties have been, from time to time, 
carved out of this territory, until now the total number is 
ninety-six. Of these, thirty-four are in East Tennessee ; 
forty-one, in Middle Tennessee; and twenty -one, in West 
Tennessee. Following the plan first adopted by Vir- 
ginia, Tennessee, like most other Southern States, takes 
the county as the unit of government, instead of taking 
the civil district, which would have been in accord with 
the practice in New England and most of the Northern 
States, where the town, or the township, is made the unit. 
Every county is a corporation, which may sue and be sued, 
may hold property, make contracts, and exercise other 
legal powers. Each county has a capital called the county- 
seat, where the court-house and the jail are established, 
where the county court meets, and where the county 
offices are located. The county is formed mainly for judi- 
cial and administrative purposes. The county court, com- 
posed of justices from the various civil districts, is author- 
ized to act for the county. No county, without special 
provision, can contain less than two hundred and seventy- 
five square miles and seven hundred qualified voters. 

104. County Officers. — The county officers are a 
chairman of the county court, or a county judge, a sheriff, 
a trustee, a register, a coroner, a surveyor, a school super- 
intendent, a ranger, sometimes a tax assessor, and such 

(71) 



72 THE CIVIL GOVERNMENT OF TENNESSEE. 

others as the law authorizes for transacting the county's 
business. All officers who handle public money are re- 
quired to give bond for the faithful care of the same. 
About half of the officers are elected by the people and the 
other half by the county court. In most cases their salaries 
depend upon fees collected. A small number, as the super- 
intendent of schools, have their salaries fixed by the county 
court and they are paid out of the county treasury. 

105. Chairman of County Court. — At its January 
term, the quarterly county court, in counties in which no 
judge is chosen, elects a chairman to serve for one year. 
He presides over the deliberations of the court, has charge 
of the county property, and performs such other services 
as the law requires. A chairman pro tempore is also 
elected to fill the place of the chairman on certain occasions. 

106. County Judge. — In certain counties, a county 
judge, elected by the qualified voters, takes the place of the 
county court chairman. He must be a person learned in 
the law. He serves for eight years. His salary is fixed by 
the special act of the Legislature which established his 
office. Hence the salary varies indifferent counties. The 
duties of a county judge are numerous, including settle- 
ments with county officers, presiding at the sessions of his 
court, drawing warrants on the trustee for the payment of 
money, and such other duties as the law directs. He is 
also the financial agent of the county. 

107. The Sheriff. — The sheriff is the chief executive 
officer of the county. He is elected by the qualified voters 
to serve for two years, and is eligible for only six years in 
any consecutive series of eight years. This office is of great 
antiquity and existed in England in old Saxon times. 
The county was then called a " shire " and its chief officer 
a " reve." In course of time, the term shire-reve was cor- 
rupted into sheriff. The sheriff must give a bond of from 
twelve thousand to fifty thousand dollars for the faithful 
performance of his duties, including the paying over of all 



COUNTY GOVERNMENT. 73 

moneys. Besides the usual oath of office, he must also 
swear that he has not promised or given anything to pro- 
cure the office. He appoints as many deputies as he may 
desire, to assist him in his official work. 

It is the sheriff's duty to execute and return, with proper 
diligence, the orders and processes of the lawful courts 
and of legalized officers ; to attend, or wait upon, all the 
courts of his county and to furnish them with all necessary 
accommodations; to have charge of the jail of his county 
and of all prisoners therein, and to protect prisoners against 
mob violence. He and his deputies are required to keep 
the peace, to prevent crime, and to arrest criminals. When 
necessary he may call to his aid any number of citizens, 
and may also, for the purpose of serving a process, go into 
any county of the State. If the sheriff cannot suppress 
violence by aid of the citizens of his county, he may call 
for aid upon the governor, who may. in turn, if necessary, 
call upon the President of the United States. The sheriff 
is required to give notice of elections, and, in person or 
through deputies, to hold all popular elections. He must 
promptly carry out the sentence of the court, whether it be 
fine, imprisonment, or capital punishment, and must per- 
form such other duties as the law directs. His office is 
one of the most important in the county. He is paid by 
fees and therefore his remuneration varies with the popu- 
lation of the county. In the populous counties his aggre- 
gate remuneration is large. 

108. The Trustee. — It is the trustee's duty to collect 
taxes, to pay out, on warrant, all just claims against the 
county, and to keep a correct record of the same. He is 
the county's treasurer and has charge of all the county's 
money. He is elected by the qualified voters to serve for 
two years. 

109. The Register. — It is the duty of the register to 
record all deeds and other instruments so that the public 
may have due notice of the same. If a purchaser of land 



74 THE CIVIL GOVERNMENT OF TENNESSEE. % 

fails to have his deed recorded, it is void as against a sub- 
sequent purchaser. The register is, therefore, required to 
note the exact time at which he receives a deed for record. 
He is elected by the qualified voters to serve for four years. 

110. The Surveyor.— Every county has a land sur- 
veyor whose term of office is four years. He is elected by 
the justices of the quarterly county court. It is his duty 
to make all surveys ordered by the courts, and also surveys 
for private parties upon a tender of the legal fees. He may 
appoint two deputies. He is liable for damages caused by a 
mistake by himself or his deputies. He must test his com- 
pass every six months by the local meridian and put its 
variation on record in the county clerk's office. 

111. Tax Assessor. — Previous to the year 1896, every 
county had a tax assessor, but thereafter, in all except 
certain populous counties, a tax assessor must be elected 
in every civil district. His duties are given under the head 
of civil districts. In the counties that continue the county 
system, the duties of the county assessor are similar to 
those of the district assessors. He is elected by the quali- 
fied voters to serve for four years. 

112. The County Superintendent of Schools. — (See 
Education, § 153, page 89.) 

113. The Ranger. — This officer is elected by the quar- 
terly county court to serve for two years. It is his duty 
to keep a record of stray animals and arrange so that they 
may be returned to their owners. In default of the owner's 
claiming them at the end of a given time, the ownership 
of the person who takes them up is confirmed. 

114. The Coroner. — The coroner is elected by the quar- 
terly county court for a term of two years. It is his duty 
to hold an inquest over the dead body of any person sup- 
posed to have come to his death by unlawful means, and 
to report to the quarterly county court the facts in the case 
so far as obtained. He is required to discharge the duties 



COUNTY GOVERNMENT. 75 

of the sheriff when that officer is disqualified, or when 
the office is vacant. 

115. Notary Public. — This office is of ancient origin 
and is now common in all civilized countries. Notaries 
public are appointed by various authorities in different 
countries, but in Tennessee they are elected by the quar- 
terly county court, each county having as many notaries 
as the court deems necessary. The notary may take de- 
positions, administer oaths, and certify to the protest of 
negotiable paper. 

116. Minor Officers. — Every county also has a sealer 
of weights and measures elected by the quarterly county 
court ; three commissioners to provide for the poor ; a 
board to equalize the taxes ; a public administrator and 
guardian ; a county physician ; and, when needed, four 
work-house commissioners. 

117. Board of Health. — The law provides for a county 
board of health consisting of the county judge or chair- 
man, the county court clerk, and the county health officer 
or physician. It is the duty of this board to care for the 
general health of the people and to ward off epidemics. 
The county pays all the necessary expenses of the board. 



CHAPTER XVIII. 

CITY GOVERNMENT. 

118. As we have already learned, it is necessary to have 
some laws that apply to the whole Nation. Others ex- 
tend no further than to the limits of the State. We must 
have still others which pertain to a city only. This 
is because the matters regulated pertain alone to the di- 
visions mentioned respectively. The regulation of com- 
merce, for example, can be effected only by National 
authority, while the necessity for a fence law varies ac- 
cording to locality and becomes a matter of State, or, per- 
haps, of county regulation. There are yet other things 
which naturally confine themselves to the limits of a 
city and which consequently require, for their regulation, 
laws made by city authority. Among these we may men- 
tion the construction of streets, the furnishing of water 
and lights, the preservation of order, the promotion of 
health, protection from fire, the opening of parks, and 
the establishment of institutions for charity and reform. 
Laws bearing upon these points are enacted under author- 
ity of a special charter or incorporation. 

119. How Incorporated. — In Tennessee, towns may 
be incorporated under the provisions of a general State 
law. Fourteen or more legal voters within the territory 
to be incorporated apply for a charter. A full list of the 
voters in said territory must be filed with the county 
court clerk or with some justice of the peace. Notice is made 
giving particulars concerning the proposed incorporation 
and at the end of thirty days an election is ordered. If 
two-thirds of those qualified vote for " corporation," the 

(76) 



CITY GOVERNMENT. 77 

clerk certifies the same to the secretary of state and the 
latter returns a certificate of incorporation to be registered. 
Upon this a municipal government is organized. Incor- 
poration may also be effected by a special act of the 
Legislature, in which special privileges are granted. Many 
towns are thus incorporated. 

120. Form of Government. — In most cities the form of 
government provides for a mayor, a legislative council, a 
recorder, a treasurer, and a police force. The larger cities 
often add a board of public works. While there is a 
general uniformity in city government throughout the 
State, there are many variations in detail. It is true 
that certain powers are granted by the State law to all alike, 
but each organization, being an independent production, 
and sometimes effected under a special act, has its own 
method for reaching the desired results. For example, some 
cities have a council of two chambers, while others provide 
for but one chamber. Again, we find that the city court 
in some towns is held by the mayor and in others by 
the recorder. In a small town a marshal or constable is 
sufficient to preserve order, while in a large city a full 
police force is required. City governments are frequently 
changed by legislative enactment and the incorporated 
territory is extended or contracted. 

121. Wards. — For convenience of government the city 
is divided into wards, just as the State is divided into 
counties and the county into civil districts. In fact, city 
government is much like county government contracted 
within a small area. The wards elect aldermen for repre- 
sentatives, instead of justices of the peace. However, 
some cities elect their aldermen by a vote of the whole 
people in the city at large. 

122. The Mayor.— The chief executive officer is the 
mayor, except where there is a board of public works, in 
which case the executive functions of the mayor are largely 
imposed upon the board of public works. The mayor 



78 THE CIVIL GOVERNMENT OF TENNESSEE. 

presides at the meetings of the board of aldermen and has 
a veto power. It is usual for him to be elected by a popu- 
lar vote and to serve for two years. He makes certain ap- 
pointments and looks after the general interests of the 
city. In some towns he serves for one year only and in 
some he is elected by the board of aldermen. 

123. The Common Council. — Every ward elects two 
representatives called aldermen. These, with the mayor, 
form the common council, whose duty it is to legislate for 
the interests of the city. The laws enacted by them are 
called ordinances and must, as a rule, receive the mayor's 
signature before going into effect. The council may pass 
an ordinance over the mayor's veto. All ordinances must 
be published at once and a digest is published by the 
council every three years, according to a requirement 
under the general law for incorporation. The council's 
power of legislation extends to the paving of streets, the 
preservation of peace, the regulation of markets, the pro- 
motion of health, the support of schools, the levying of 
taxes, the regulation of saloons, the support of a fire de- 
partment, and numerous other matters important to good 
city government. The council also confirms officers ap- 
pointed by the mayor. 

124. The Recorder. — The recorder is the city clerk. 
He keeps a record of the proceedings of the city council, 
and has charge of all papers, books, and records belonging 
to the city. He publishes and preserves the ordinances 
passed by the council, and in most cities he tries offenders 
against the city ordinances. 

125. The City Attorney. — This officer is the legal ad- 
viser for the city. When called upon by those in author- 
ity, he gives legal opinions regarding questions of city 
procedure. He also conducts, on the part of the city, all 
lawsuits in which it is a party. 

126. The City Treasurer is elected by the council. It 
is his duty to receive and account for all moneys of the 



CITY GOVERNMENT. 79 

city. He pays all properly authenticated claims and in his 
report to the mayor and aldermen he must itemize all re- 
ceipts and disbursements. No head of sundries or mis- 
cellanies is allowed. 

127. The Board of Public Works. — In large cities where 
extensive sewers and street systems are necessary, the con- 
struction and care of all such improvements are placed in 
the hands of a committee of citizens called the board of 
public works. Usually the chairman of the board is 
chosen by popular vote and his associates are appointed 
by the mayor and confirmed by the council. The board 
of public works occupies a very responsible position, sin^e 
it makes contracts involving the expenditure of large 
sums of the people's money. 

128. The Board of Education is generally composed 
of reliable and well-known citizens who manage the finan- 
cial and material interests of the city schools. They also 
elect the school superintendent and teachers. They are 
usually chosen by the city council. Their duties are 
second to none in importance. 

129. Other Officers are a city engineer, city marshal, 
city collector, chief of police, chief of fire department, and 
police officers. The name of each indicates his duty. 
The members of the board of aldermen are also appor- 
tioned in various committees to look after various special 
interests. 



CHAPTER XIX. 

CIVIL DISTRICTS. 

130. Formation. — The counties of Tennessee are sub- 
divided into civil districts. No county can have fewer 
than eight civil districts nor more than twenty-five. The 
number of districts in each county is proportioned to its 
voting population. The county court has power to change 
the district boundaries and to create new districts. The dis- 
tricts are known by numbers affixed by the county court, 
whose duty it is also to cause a map of the county to be 
made showing the boundaries of the districts. 

131. Compared to Townships. — The sub-divisions of 
counties in most northern States are called towns, or town- 
ships, and to these are given extensive powers of local 
government. In the South local government is administered 
mainly by the county and not by the smaller sub-divisions. 
County governments have the representative system, while 
township, or town, government is, in many States, a pure 
democracy, being administered directly by the people in 
popular assembly. This is the case in New England, 
especially. The system of township government comes 
down from remote antiquity and is the oldest feature of 
American government. The tendency in many Southern 
States is now towards this form of local government. 

132. Jurisdiction. — The jurisdiction of the civil dis- 
trict is limited to such matters only as are too local for direc- 
tion by the county. These are the trial of petty suits at law, 
the keeping of the peace, and, in some counties, the manage- 
ment of schools. The civil districts also serve as units 
for representation in the county court and as election 

(80) 




(31) 



82 THE CIVIL GOVERNMENT OF TENNESSEE. 

precincts, or boundaries. The regular juries of the circuit 
and criminal courts are, likewise, apportioned to the 
districts. 

133. Officers. — The officers of a ,civil district are two 
or more justices of the peace, a constable, and, after 1896, 
a tax assessor for each district, in most counties. Three 
school directors, also, are chosen to manage the schools of 
each district in those counties where the school district 
and the civil district coincide. 

134. Justice of the Peace. — This office is of very- 
ancient origin, having originated in the reign of Edward 
III., in the fourteenth century. In England, justices of the 
peace were appointed by the crown to serve for life, or dur- 
ing good behavior. When Tennessee was a part of North 
Carolina, the justices were appointed by the governor. 
In the early period of Tennessee history, they were elected 
by the General Assembly. At present, they are elected by 
the qualified voters to serve for six years. There are two 
justices for every civil district and three where a county 
town is included. Large cities are entitled to a greater 
number. The jurisdiction of a justice of the peace ex- 
tends over the entire county. It is his duty to preserve 
the peace, to administer oaths, to perform the marriage 
ceremony, to try petty suits at law, 1 to sit in the county court 
for the transaction of county business, and to hold inquests 
over dead bodies in the absence of the coroner. The office 
of a justice is both executive and judicial and in his local 
court he performs the part of both judge and clerk, though 
his court is not of the class technically described as courts 
of record. As a member of the county court, he also has 
legislative powers. 

135. Constable. — For every civil district one constable 
is elected by the qualified voters to serve for two years. 
In districts containing county towns, two constables are 



*See $ 85, page 61. 



CIVIL DISTRICTS. 83 

elected. It is the constable's duty to execute and return 
processes, to arrest disorderly persons, to apprehend crimi- 
nals, and to wait upon courts. His relation to the civil 
district is similar to that of the sheriff to the county. 
This office is also of very ancient origin, having been 
introduced into England by the French at the time of the 
Norman Conquest. 

136. Tax Assessor. — In those civil districts which, 
after 1896, have a tax assessor, all the taxable property 
and polls must be listed by this officer. It is his duty to 
visit, in person, all parts of the district and see that a 
just report of all taxables is made and that property is 
valued justly and equally. He is elected by the qualified 
voters to serve for four years. 1 

1 For School Directors, see Education ; g 155, page 89. 



CHAPTER XX. 

PUBLIC ROADS AND PUBLIC REVENUES. 

137. Good Roads are indispensable in all civilized 
countries. The agricultural interests of a country espe- 
cially can not be prosperous without good roads. Wherever 
good roads are constructed, farming lands command a 
higher price, and business in general is increased. 

138. In Tennessee all roads laid out according to law 
are public roads. The opening of new roads, as well as 
the changing or closing of old ones, is effected by a jury 
of view composed of the road commissioner and two 
free-holders of the road district in which the road is located. 
There are four classes of roads, described as follows: 
First class, from twenty-four to fifty feet wide ; second class, 
from eighteen to twenty-four feet wide ; third class, from 
fourteen to eighteen feet wide ; and fourth class, from ten 
to fourteen feet wide. 

139. Road Commissioners. — The county court divides 
the county into road districts and elects for each district a 
commissioner who serves for two years. The commissioner 
has control of the highways and bridges, and directs the 
manner of working the roads of his district. It is the 
further duty of the commissioner to care for tools, to 
secure proper grades, to settle with overseers, to provide 
for the erection of mile-posts, and to perform other duties 
which are required of him by law. 

140. Road Overseers are appointed by the road com- 
missioner to serve for one year. Each overseer has the 
immediate oversight of the hands assigned to one section 
of road, which may be from one to five miles long, and he 

(84) 



PUBLIC ROADS AND PUBLIC REVENUES. 85 

notifies the hands when they must work the road. He 
also dismisses those who render unsatisfactory service and 
notifies the commissioner, who takes action against them. 
The instructions of the commissioner with regard to all 
kinds of road work, including grades, ditches, foot-bridges 
over streams, and other matters, are carried out by the 
overseer. 

141. Road Hands. — All male persons between the 
ages of eighteen years and forty-five years, unless per- 
manently disabled or otherwise exempted by law, are 
required to work upon the public roads. If the- party of 
whom this duty is required furnishes a substitute or pays 
seventy-five cents for each day's work demanded, he is 
released. The penalty for failure or refusal to perform 
this duty is a judgment for the amount of the claim with 
costs, against the collection of which no property, except 
a homestead, may be held exempt from execution. A 
refusal to work is also a misdemeanor subject to a fine. Nine 
hours constitute a day's work. The prisoners in the county 
work-house, or, where there is no work-house, the prisoners 
in jail who are under sentence, or who are imprisoned for 
fines and costs, may be required, by the road commissioner, 
to work upon the public roads. The quarterly county 
court may also let out any particular section of road to be 
worked by contract. 

142. Road Assessments. — The roads are kept in repair 
by an assessment in days' labor and taxes. The quarterly 
county court assesses the tax to be expended and the 
number of days to be worked. The tax is not less than 
five cents nor more than twenty-five cents on each one 
hundred dollars' worth of taxable property. By order of 
the county court two-thirds of the tax may be paid in 
labor. The number of days 9 labor varies. 

143. General Improvement. — County courts may pro- 
vide for the general improvement of roads. In this case, 
commissioners are appointed who employ engineers and 



86 THE CIVIL GOVERNMENT OF TENNESSEE. 

other experts to prepare a report upon the work proposed, 
including the approximate cost. If the court adopts this 
report, an election is ordered in which the people decide 
either for or against improvements. If the result is favor- 
able, bonds are issued and the work of improving all the 
roads of the county is provided for. 

144. Public Revenue : Taxes. — The power to levy 
taxes is a necessity with every successful government. 
The great weakness of our National government, before 
the adoption of the constitution, consisted in its inability 
to levy taxes. Money must be had to pay the expense of 
carrying on the government. It is important also that all 
moneys taken from the people in the form of taxes shall 
be expended for the best public interest. An expenditure 
of the public money for private interest is corruption and 
public robbery. 

145. How Assessed. — In Tennessee, taxes are raised 
b}' the State, by the county, and by the city governments. 
They are obtained by an assessment upon persons, upon 
property, and for privileges. The tax upon persons is 
called a poll tax. Revenue is also derived from fines, from 
an inheritance tax, and from other minor sources. 

146. Property Tax. — Real estate is assessed only once 
in every two years, other property being assessed annually. 
The assessment must be based upon a cash valuation. 
The State tax on every one hundred dollars' worth of prop- 
erty, for State purposes, is twenty cents, and for school 
purposes it is fifteen cents. Every county and city 
makes its own levy under certain legal restrictions and 
limitations. 

147. A Privilege Tax is paid for the right to carry on 
some special business. Auctioneers, hucksters, peddlers, 
butchers, and others pay a privilege tax. Merchants pay 
a privilege tax, and also an ad valorem 1 tax on their 

1 That is, a tax in proportion to value. 



PUBLIC ROADS AND PUBLIC REVENUES. 87 

merchandise. The privilege-tax system in Tennessee is 
very extensive. 

148. Other Revenue. — An inheritance tax of five 
cents on the dollar for the benefit of the State is assessed 
on all estates for which there are no direct heirs, provided 
that the estate is valued at not less than two hundred and 
fifty dollars. 

All fees and unclaimed funds in the hands of the 
supreme court clerk, and other officials, which have not 
been called for, are, at the end of two years, turned over 
to the county for county purposes. 

149. Exemptions. — All public property belonging to 
the United States, the State, the county, or a city, and used 
for public purposes, is exempt from taxation. The same 
is true of most church property, burial-grounds, the prop, 
erty of charitable and literary institutions, growing crops 
in the hands of the producer, or of the first person to 
whom they are sold, home manufactures in the hands of 
the producer, and personal property worth one thousand 
dollars owned by resident taxpayers. 

Assessments are often so carelessly made that large sums 
in the way of taxes are lost by the government. Boards 
of equalization (State, county, and sometimes city) are 
provided to equalize the assessments, so that all persons 
may pay justly according to the value of their property. 
Unjust and excessive taxation has caused many wars. 
The French Revolution and our American Revolution are 
examples. 



CHAPTER XXI. 

EDUCATION. 

150. Of late years public schools have greatly increased 
in popularity and efficiency. The present State system 
was established in 1873, but has been much improved since 
that time. Both primary and secondary schools are now 
provided and the State University completes the higher 
courses of collegiate and university training. The public 
school system is administered through a State superin- 
tendent, county superintendents, and district directors. 

151. The State Board of Education. — The governor ap- 
points a State board of education consisting of six mem- 
bers. Two are appointed every two years to serve for 
six years. It is the special duty of the board to establish 
normal schools for the training of teachers and to provide 
for the examination of county superintendents. They elect 
their own secretary and treasurer. The governor and the 
State superintendent of public instruction are, by virtue 
of their offices, members of the board. The governor is 
ex officio the president of the board. 

152. The State Superintendent of Public Instruction 
is nominated by the governor and confirmed by the Senate. 
He must have literary and scientific attainments and 
be skilled and experienced in the art of teaching. He 
holds his position for two years and is paid $1,995 annually 
out of the school fund. He is provided with a clerk at 
$1,000 per annum y and his traveling expenses are usually 
paid. His office is in the capitol building. He is, also, 
ex officio a member of the board of trustees of the State 
University. 

(88) 



EDUCATION. 89 

It is the duty of the State superintendent to collect and 
disseminate information regarding the schools ; to visit the 
schools and see that the school laws are observed ; to direct 
county superintendents in making reports and in ex- 
amining teachers ; and to report to the governor, at the end 
of each year, the school expenditures, the scholastic popu- 
lation, the attendance, and the condition and progress of 
the schools. 

153. The County Superintendent is elected for two 
years by the county court. He must also be a person 
of literary and scientific attainments. His salary is fixed 
by the court and is often too small to secure adequate 
service. Women are eligible to this office. All candidates 
for the office of county superintendent are required to 
pass an examination prescribed by the State board of 
education and to file with the chairman of the county 
court a certificate of qualification from the board. 

It is the duty of the county superintendent to supervise 
and visit the schools of his county ; to examine, license, 
and confer with teachers ; to designate an " arbor day " in 
November of each year for tree planting in all school 
grounds ; to suggest to directors desirable changes in text- 
books ; and to carry out all directions coming from the 
State superintendent. In counties of 30,000 inhabitants 
and over, he is not allowed to engage in teaching during 
his term of service. 

154. School Districts. — In most counties the school 
district coincides with the civil district, but in others it 
is an independent sub-division of the county. When it 
coincides with the civil district, it is divided into sub- 
districts, there being one for each school. New school 
districts may be laid out by the county court. 

155. School Directors. — Three school directors are 
elected by the qualified voters of each school district, to 
serve for two years. It is their duty to enforce the 
laws relating to schools ; to employ teachers ; to visit the 



90 THE CIVIL GOVERNMENT OF TENNESSEE. 

schools of their district; to direct expenditures wisely 
and legally ; to acquire, hold, and manage public school 
property ; and to report to the county superintendent. 
They elect one of their number clerk to record their 
official acts, to keep their financial accounts, and to 
enumerate the scholastic population annually. Directors 
are not permitted to teach a public school, to build public 
school-houses, or to own school warrants. 

156. Teachers must have a certificate of qualification 
from the county superintendent before they can be em- 
ployed and enter upon their duties. They must keep sta- 
tistics of their schools and report the same to the directors. 
Proper efficiency in the school work demands great care 
in the selection of teachers. 

157. Pupils between the ages of six and twenty-one 
years may attend the schools free of cost. White and 
colored children must be taught in different schools. The 
branches which are taught in primary schools are orthog- 
raphy, reading, writing, arithmetic, grammar, geography, 
history of Tennessee, and history of the United States 
containing the constitution of the United States. Vocal 
music and elocution, or the art of public speaking, may be 
taught, but all other branches are excluded. In secondary 
schools, the primary school studies are included and, in 
addition, elementary geology of Tennessee, elementary 
principles of agriculture, elements of algebra, elements 
of plane geometry, elements of natural philosophy, book- 
keeping, elementary physiology and hygiene, elements of 
civil government, and rhetoric or higher English. Pupils 
must be taught public speaking in the secondary schools, 
and vocal music may be taught. The nature and effect of 
alcoholic drinks and narcotics, including cigarette smoking, 
are required to be taught in connection with physiology 
and hygiene in both primary and secondary schools. No 
other branches are allowed to be taught. The course of 
study in the primary schools is divided into five grades, or, 



EDUCATION. 91 

when the secondary studies are added, into eight grades. 
Certificates are awarded to those who complete the primary 
course and diplomas to those who complete the secondary 
course. 

158. The School Fund. — The State has a permanent 
school fund of $2,512,500, which yields six per cent, per 
annum to the support of the public schools. To this are 
to be added all sums coming to the State by forfeiture, 
by land bought in for taxes, and by estates without heirs. 
A poll tax of one dollar is also assessed for schools and a 
property tax of one and one-half mills to the dollar. 
When the amount thus provided is not sufficient to main- 
tain the schools of a county for five months, it is the duty 
of the county court to levy a tax sufficient for the same, or 
to submit the proposition to a vote of the people. This 
is now rarely complied with strictly, though many counties 
levy, for their own schools, a special tax to supplement the 
State fund. 

159. City Schools. — The cities, and most of the larger 
towns, have their own special school systems, organized 
under their municipal charters. They receive their share 
of the State and county school funds, to which is added a 
special fund raised by the city. Their general and busi- 
ness management is conducted by a board of education. 
The professional work is directed by a superintendent. 
Principals have charge of the various ward schools. 

160. The State University, located at Knoxville, con- 
tains also the State Agricultural and Mechanical College 
established upon an endowment from the National govern- 
ment. It is controlled by a board of trustees acting under a 
State charter. The University is the capstone of the State 
system of education. Besides its courses in agriculture, en- 
gineering, literature, and science, there are also depart- 
ments of law and medicine, and special studies in the 
theory and art of teaching. The medical school of the 
University is located at Nashville. 



92 THE CIVIL GOVERNMENT OF TENNESSEE. 

161. State Reform School. — The State supports a 
school for orphan, helpless, wayward, and abandoned 
children. It is called the Tennessee Industrial School and 
is located near Nashville. The county courts decide upon 
proper subjects for this school and order them under its 
care. The instruction is along practical and industrial 
lines. Every county is authorized to establish a similar 
institution. 

162. Other Institutions. — The State is well supplied 
with institutions of higher grade. Nearly every religious 
denomination has its own college or university. The Pea- 
body Normal College, at Nashville, trains teachers for the 
schools of all the Southern States. It is supported mainly 
by a large fund donated by George Peabody to education in 
the South and South-west, but Tennessee also gives to it 
$20,000 annually. 



CHAPTER XXII. 

ELECTIONS. 

163. A Citizen is not necessarily a voter. All persons 
born in the United States, or naturalized here, are, by the 
Federal constitution, made citizens both of the general 
government and of the State under whose jurisdiction they 
live. 

164. A Voter. — Strange to say, unnaturalized persons 
are allowed to vote in some States, but, in Tennessee, only 
citizens of the United States, twenty-one or more years of 
age, who have resided twelve months in the State and six 
months in the county in which they desire to vote, may exer- 
cise the right of suffrage. If the voter is subject to poll 
tax, he must pay this tax before he can vote. With few 
exceptions, he must vote in the civil district in which he 
lives. Persons convicted of infamous offenses against the 
law are not allowed to vote. 

165. Time and Place of Voting'. — General elections are 
held every two years, on the first Thursday in August, for 
offices having a term of two years, and for such others as 
may become vacant, or may have their terms to expire at 
that time. The election for governor and members of the 
General Assembly is held every two years, on the first 
Tuesday after the first Monday in November. Special elec- 
tions may be held at other times if vacancies require them. 
Voting places are located by the county court in every civil 
district. The sheriff, or his deputies, hold the elections, 
which are superintended by three judges all appointed 
in counties not having registration, by the county court, or 
by the sheriff. Two clerks keep a record of the votes. 

(93) 



94 THE CIVIL GOVERNMENT OF TENNESSEE. 

166. Registration. — In all counties having 50,000 or 
more inhabitants ; in a district of 2,500 or more inhabitants 
located in a county of less than 50,000 inhabitants ; and 
in towns of 2,500 or more inhabitants ; the qualified voters 
must be registered before they can vote. The number of 
inhabitants is determined by the last preceding United 
States census. For each of such counties as have regis- 
tration the governor appoints, for a term of two years, 
three commissioners of registration who serve without pay, 
only tw T o of whom may belong to the same political party. 
It is their duty to appoint, ninety days before every election, 
two registrars, of different politics, for every civil district 
or ward, who are required, on certain days designated, to 
register all qualified voters who apply. The voter receives 
a certificate which entitles him to exercise the right of 
suffrage for two years. If the voter lives in a civil district 
having less than five thousand population, according to the 
last census, and in a county not wholly subject to registra- 
tion, his certificate is good for four years. The county 
commissioners of registration are also required to appoint, 
for every election, one of the three judges and one of the 
two clerks for each voting place, which officers the county 
court, or the sheriff, is released from appointing in counties 
that have registration. The registration books, directly 
after being finished, are kept open five days for inspection 
and correction. 

167. Ballots. — All voting in this State is by ballot, the 
ticket being usually folded so that the vote is secret. Usu- 
ally, each candidate furnishes his own tickets, according to 
a prescribed pattern, containing no distinguishing marks, 
but, in those counties where registration is required, a uni- 
form ticket is furnished at public expense. On it the 
names of all the candidates for the same office are printed 
together in alphabetical order and irrespective of party, 
except in case of Presidential electors. Cards of instruc- 
tion as to method of voting are also furnished. 



ELECTIONS. 95 

168. Method of Voting. — The polls are opened at 
nine o'clock in the morning and are closed at four o'clock in 
the afternoon. During that time any qualified voter may 
present his ticket to the officer holding the election, who, 
with the approval of the judges, deposits it in the ballot- 
box prepared for its reception. The ballot-box must be 
kept locked or otherwise securely fastened while in use. 
This is the usual method of voting. 

In counties of 50,000 or more inhabitants, where regis- 
tration prevails, a modification of the Australian ballot 
system is in force. This requires that the ballot-box and 
the officers holding the election shall occupy a position 
remote from the entrance to the enclosure, or room, where 
the election is held. In front of these and about ten feet 
from the entrance to the room, sits the registrar with the 
official ballots. Leading in on one side, from the front, 
is a gangway for the entrance of voters and on the other, 
a passage for their exit. As the voter enters, he receives 
t from the registrar an official ballot and a card of instruc- 
tions. He then goes to the assistant registrar and presents 
his blank ballot and registration certificate which that 
officer numbers. His name is also checked off on the 
registration list. The voter then enters one of the stalls 
provided behind, or near, the judges holding the election, 
and there places a cross mark (X) opposite the names of 
the candidates for whom he desires to vote. He cannot 
remain in the stall longer than ten minutes. He then 
folds his ballot and proceeds to the ballot-box, where he 
delivers bis ballot and registration certificate to the officers, 
with evidence that he has paid his poll tax, if he is subject to 
the same. If all is right, the ballot is deposited in the box. 
The voter then passes out on the other side. If, from 
blindness or other physical disability, a voter cannot mark 
his ballot, the officer who holds the election may, upon 
request, do it for him. 

169. Preventing Corruption. — This elaborate system 



96 THE CIVIL GOVERNMENT OF TENNESSEE. 

of voting was devised to prevent corruption and fraud by 
securing the voter from the presence of outside influence 
while exercising the right of suffrage. Even if he should 
corruptly offer to sell his vote, the purchaser would hesitate 
to buy that which he could not see delivered. It is 
necessary for the law to be very strict with regard to all 
illegal acts on the part both of the voters and of the officers 
of election, and it is the duty of every good citizen to see 
that its penalties are enforced. Nothing can sooner hasten 
the destruction of free government than the use of corrup- 
tion and fraud to defeat the rightly expressed will of the 
.people at the ballot-box. 

170. The Result. — At the close of the voting, the officers 
of election are required to count the vote and to make 
their returns without delay. Copies of the poll-books 
must be deposited with the circuit and the county court 
clerks. On the Monday following the election, the sheriff, 
or other person who held the election, must compare the 
vote for county and civil-district officers and issue certifi- 
cates to those elected. Returns for other offices are sent 
by the sheriff to the secretary of state, who, with the gov- 
ernor, compares the vote. The governor then issues cer- 
tificates to those elected. 



CHAPTER XXIII. 

POLITICAL PARTIES. 

171. Wherever there is government, we find political 
parties. This is especially the case with a government by 
the people. From the very foundation of our National 
government, people have had different views as to how it 
should be administered. For example, one party has al- 
ways believed in following the letter of the constitution 
closely, while another has contended for a liberal interpre- 
tation. Political parties are necessary, and do great good, 
so long as they are confined to their legitimate spheres. 
They serve as checks to each other and prevent unwise 
and extreme measures. When they make the spoils of 
office their object and fall into the hands of corrupt 
leaders who use unwarrantable means to attain their ends, 
then political parties prove a detriment to the country and 
so debauch the public conscience that the perpetuity of 
free institutions is put in peril. The best people of the 
country are often responsible for such a state of affairs 
because of their neglect to attend nominating conventions 
and elections and to control them for good. It is the duty 
of every good citizen to perform his part and to feel a per- 
sonal responsibility for the proper administration of his 
government. 

172. Local Politics. — National politics generally ab- 
sorbs much more of our time than State or local politics. 
Indeed the former is often thrust into local elections where 
it has no proper place whatever. For example, the tariff 
has nothing to do with public improvements in a city, or 
with good country roads. To elect a man to serve as jus- 
7 (97) 



98 THE CIVIL GOVERNMENT OF TENNESSEE. 

tice of the peace or as road commissioner simply because 
he is a Republican or a Democrat, displays about as much 
good judgment as to elect him because he has red hair or 
belongs to the debating society. Our otyect in electing 
officers should be to secure the best administration of the 
affairs pertaining to the office that is to be filled. 

173. Party Machinery. — In order to do most effective 
work, it is necessary that a political party should be well 
organized. Organization is usually effected through 
committees. These committees correspond to the various 
units of government within which the various officers 
elected exercise their functions. For example, there is a 
State committee, a county committee, a committee for the 
congressional district, and sometimes a committee for even 
the civil district. These committees call nominating con- 
ventions, distribute literature, persuade voters, procure 
speakers, organize campaigns, arrange primary elections, 
and promote the general interests of the party. 

174. Nominations. — Candidates are usually nominated 
by a convention of delegates from the territory for which 
the candidates are to be chosen. It is necessary to have 
nominations in order that those candidates may be se- 
lected who can bring out the strongest party vote and best 
fill the office. It is, therefore, the duty of every member 
of the party to assist in selecting such men, but unfor- 
tunately selfish motives often prevail. The convention 
that makes a nomination, usually sets forth a platform 
or declaration of principles. Too often this platform 
is only an echo of the National platform of the party and 
has little relevancy to the duties which the officer to 
be elected will have to perform. When delegates are sent 
by the people to a convention, they are often " instructed " 
to vote for a certain candidate. At other times they go 
without instructions. Sometimes, instead of a convention, 
the committee orders a primary election. In the primary 
election, only members of the party making the nomina- 



POLITICAL PARTIES. 99 

tions are allowed to vote. As such an election has no 
legal status and protection, frauds are often committed. 

175. Present Tendencies. — It is a common fallacy to 
think that " the old times were the best times." This is 
because men, in the kindness of their hearts, put away 
from their memory the evil deeds of humanity and pre- 
serve only the good. History makes prominent the virtues 
of our ancestors, but does not speak so distinctly of their 
imperfections and failures. Therefore, some well-disposed 
persons, observing the good and the bad of the present 
day so mixed up together, fail to see that the world is con- 
stantly growing better. To the more careful observer, this 
is the grandest age, and the best age, in the world's his- 
tory. Never before were people so high-minded, so up- 
right, and so respectful of each other's rights and opinions. 
Our hope of the future is in the intelligence and virtue of 
our people. As public schools multiply and the principles 
of morals and religion are more widely diffused, the stand- 
ard of government will be constantly raised, and evil 
practices will gradually disappear. 



CHAPTER XXIV. 

REFORMS. 

176. How Secured. — In matters of government it is 
necessary that all good citizens should be ready to point 
out defects and demand improvement. Legislators are 
sensitive to public opinion and will almost invariably 
accede to the demands of their constituents. There are 
many points in which our laws and their administration 
may be improved. 

177. Improper Expenditures. — In the first place, 
more stringent laws should be enacted with regard to pub- 
lic expenditures. Hundreds of thousands of dollars are 
wasted annually in petty criminal prosecutions and un- 
necessary bills of cost. County courts are often extrava- 
gant in voting aid to private corporations and otherwise 
unwisely expending their constituents' money. Heavy 
burdens in the form of bonded debts can be too easily 
placed upon the shoulders of the people. 

178. The Pee System needs to be regulated so that 
minor officers may not be paid unreasonable salaries. By 
this system, in some of the larger counties, an ordinary 
office pays its incumbent two or three times as much 
as is paid to the governor of the State. The clerk of 
a court may receive from two to five times as much 
salary as the judge upon the bench, whose abilities are ex- 
pected to be much greater. Such, abuse can be accounted 
for only by long-continued custom. In some of our 
large counties from $25,000 to $75,000 a year could be 
saved to the people by a proper regulation of this system 
of remuneration by fees. On the other hand, salaried 

(100) 



REFORMS. 101 

officers are paid very reasonably, and, in some cases, 
too little. For example, the county superintendent of 
public instruction is usually paid a salary which is wholly 
inadequate and not at all in proportion to the importance 
of the work which should be done. 

179. Better Officers. — In some counties there is also a 
necessity for the election of more efficient officers. The 
man who fills an office should be honest, faithful, and well 
qualified. Otherwise there is great public loss. Offices 
are not mere charities to be bestowed upon well-meaning 
people, nor are they rewards for party services. They are 
instituted for the public good and the men who fill them 
are public servants who are acceptable and worthy in pro- 
portion to the faithfulness and success with which they 
discharge their duties. 

18C The Public Roads are by no means what they 
should be. Most of them are poorly laid out and poorly 
worked. Counties should employ competent civil en- 
gineers to locate all roads to best advantage. The county 
and State convicts could more generally be used to great 
profit in working the public roads. Millions of dollars 
are lost annually in our own State, as well as in other 
States, from want of properly constructed public roads. 

181. Our Jury System needs improvement. It is too 
easy for unscrupulous attorneys to pack juries with un- 
worthy members and thus defeat or delay the ends of jus- 
tice. In former times, in countries where people did not 
stand on the same plane of equal rights and privileges, the 
jury system was, indeed, a " bulwark of liberty," and.it was 
important that every man should be tried before a jury of 
his peers, or equals. Now the conditions are different, and, 
in many cases, one or more judges, learned in the law, would 
be much more efficient in dispensing justice than the twelve 
men who find their way into the jury box. 

182. In Elections. — Improvements have been made in 
our election laws, but too much care cannot be expended 



102 THE CIVIL GOVERNMENT OF TENNESSEE. 

in securing an incorruptible ballot. By abolishing the 
registration certificate and depending entirely upon the 
registrars' lists, most of the temptation to buying votes 
would doubtless be removed. 

183. In City Government. — It is thought by some per- 
sons that more freedom in the local government of cities 
would be better. So long as the State Legislature can con- 
trol the powers of the cities through special enactment, 
there is a possibility that the will of the people may be 
defeated. 

184. After all, nothing will do more to secure good leg- 
islation and an honest administration of the laws than the 
cultivation of a healthy public sentiment, and this public 
sentiment is to be brought about through the personal 
character of individual citizens only, for of these the Com- 
monwealth is made up. If we would have good govern- 
ment, we must work for it individually. "Eternal vigi- 
lance is the price of liberty." 



CONSTITUTION 



OF THE 



STATE OF TENNESSEE. 1 



0>«0— 



PREAMBLE AND DECLARATION. 

Whereas, The people of the territory of the United States south 
of the River Ohio, having the right of admission into the General 
Government as a member State thereof, consistent with the Con- 
stitution of the United States, and the act of cession of the State 
of North Carolina, recognizing the ordinance for the government 
of the territory of the United States north-west of the Ohio River, 
by their delegates and representatives in convention assembled, 
did, on the sixth day of February, in the year of our Lord, one 
thousand seven hundred and ninety-six, ordain and establish a 
Constitution or form of government and mutually agreed with 
each other to form themselves into a free and independent State, 
by the name of the State of Tennessee ; and, 

Whereas, The General Assembly of the said State of Tennessee 
(pursuant to the third section of the tenth article of the Constitu- 
tion), by an act passed on the twenty-seventh day of November, 
in the year of our Lord one thousand eight hundred and thirty- 
three, entitled "An act to provide for the calling of a convention," 
passed in obedience to the declared will of the voters of this State, 
as expressed at the general election of August, in the year of our 
Lord one thousand eight hundred and thirty-three, did authorize 
and provide for the election, by the people, of delegates and rep- 
resentatives, to meet at Nashville, in Davidson County, on the 

1 Framed by convention at Nashville which sat from January 10 to 
February 23, 1870. Katified by the people, March 26, 1870. Majority 
64,256 votes. 

(103) 



104 CONSTITUTION OF TENNESSEE. 

third Monday in May, in the year of our Lord one thousand eight 
hundred and thirty-four, for the purpose of revising and amend- 
ing or changing the Constitution ; and said convention did 
accordingly meet and form a Constitution, which was submitted 
to the people, and was ratified by them, on the first Friday in 
March, in the year of our Lord one thousand eight hundred and 
thirty-five ; and, 

Whereas, The General Assembly of the State of Tennessee, 
under and in virtue of the first section of the first article of the 
Declaration of Eights, contained in and forming a part of the 
existing Constitution of the State, by an act passed on the fifteenth 
day of November, in the year of our Lord one thousand eight 
hundred and sixty-nine, did provide for the calling of a conven- 
tion by the people of the State, to meet at Nashville on the second 
Monday in January, in the year of our Lord one thousand eight 
hundred and seventy, and for the election of delegates for the 
purpose of amending or revising the present Constitution, or 
forming and making a new Constitution ; and, 

Whereas, The people of the State, in the mode provided by said 
act, have called said convention and elected delegates to represent 
them therein ; now, therefore, 

We, the delegates and representatives of the people of the State 
of Tennessee, duly elected and in convention assembled, in pur- 
suance of said act of Assembly, have ordained and established the 
following Constitution and form of government for this State, 
which we recommend to the people of Tennessee for their ratifi- 
cation ; that is to say : 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1 . That all power is inherent in the people, and all free 
governments are founded on their authority and instituted for 
their peace, safety, and happiness ; for the advancement of those 
ends they have, at all times, an inalienable and indefeasible right 
to alter, reform, or abolish the government in such manner as 
they may think proper. 

Sec. 2. That government being instituted for the common ben- 
efit, the doctrine of non-resistance against arbitrary power and* 
oppression is absurd, slavish, and destructive of the good and 
happiness of mankind. 



CONSTITUTION OF TENNESSEE. 105 

Sec. 3. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
conscience ; that no man can of right be compelled to attend, 
erect, or support any place of worship, or to maintain any minister 
against his consent ; that no human authority can, in any case 
whatever, control or interfere with the rights of conscience ; and 
that no preference shall ever be given by law to any religious 
establishment or mode of worship. 

Sec. 4. That no political or religious test, other than an oath to 
support the Constitution of the United States and of this State, 
shall ever be required as a qualification to any office or public 
trust under this State. 

Sec. 5. That elections shall be free and equal ; and the right of 
suffrage, as hereinafter declared, shall never be denied to any per- 
son entitled thereto, except upon a conviction by a jury of some 
infamous crime, previously ascertained and declared by law, and 
judgment thereon by a court of competent jurisdiction. 

Sec. 6. That the right of trial by jury shall remain inviolate, 
and no religious or political test shall ever be required as a quali- 
fication for jurors. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable searches and seizures ; 
and that general warrants, whereby an officer may be commanded 
to search suspected places, without evidence of the fact committed, 
or to seize any person or persons not named, whose offenses are 
not particularly described and supported by evidence, are dan- 
gerous to liberty, and ought not to be granted. 

Sec. 8. That no man shall be taken or imprisoned or disseized 
of his freehold, liberties, or privileges, or outlawed, or exiled, or 
in any manner destroyed or deprived of his life, liberty, or prop- 
erty, but by the judgment of his peers or the law of the land. 

Sec. 9. That in all criminal prosecutions the accused hath the 
right to be heard by himself and his counsel ; to demand the 
nature and cause of the accusation against him, and to have a 
copy thereof; to meet the witnesses face to face ; to have compul- 
sory process for obtaining witnesses in his favor; and in prosecu- 
tions by indictment or presentment, a speedy public trial by an 
impartial jury of the county in which the crime shall have been 
committed, and shall not be compelled to give evidence against 
himself. 



106 CONSTITUTION OF TENNESSEE. 

Sec. 10. That no person shall, for the same offense, be twice put 
in jeopardy of life or limb. 

Sec. 11. That laws made for the punishment of acts committed 
previous to the existence of such laws, and by them only declared 
criminal, are contrary to the principles of a free government ; 
wherefore no ex post facto law shall be made. 

Sec. 12. That no conviction shall work corruption of blood or 
forfeiture of estate. The estate of such persons as shall destroy 
their own lives shall descend or vest as in case of natural death. 
If any person be killed by casualty, there shall be no forfeiture in 
consequence thereof. 

Sec. 13. That no person arrested and confined in jail shall be 
treated with unnecessary rigor. 

Sec. 14. That no person shall be put to answer any criminal 
charge but by presentment, indictment, or impeachment. 

Sec. 15. That all prisoners shall be bailable by sufficient sure- 
ties, unless for capital offenses, when the proof is evident or the 
presumption great ; and the privileges of the writ of habeas corpus 
shall not be suspended unless when, in case of rebellion or inva- 
sion, the General Assembly shall declare the public safety re- 
quires it. 

Sec. 16. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishment inflicted. 

Sec. 17. That all courts shall be open, and every man, for an 
injury done him in his lands, goods, person, or reputation, shall 
have remedy by due course of law, and right and justice adminis- 
tered without sale, denial, or delay. Suits may be brought against 
the State in such manner and in such courts as the Legislature 
may by law direct. 

Sec. 18. The Legislature shall pass no law authorizing impris- 
onment for debt in civil cases. 

Sec. 19. That the printing presses shall be free to every person 
to examine the proceedings of the Legislature, or of any branch 
or officer of the Government ; and no law shall ever be made to 
restrain the right thereof. The free communication of thoughts 
and opinions is one of the invaluable rights of man, and every 
citizen may freely speak, write and print on any subject, being 
responsible for the abuse of that liberty. But in prosecutions for 
the publication of papers investigating the official conduct of 
officers or men in public capacity, the truth thereof may be given 



CONSTITUTION OF TENNESSEE. 107 

in evidence ; and in all indictments for libel the jury shall have a 
right to determine the law and the facts, under the direction of 
the court, as in other criminal cases. 

Sec. 20. That no retrospective law, or law impairing the obliga- 
tion of contracts, shall be made. 

Sec. 21. That no man's particular services shall be demanded, or 
property taken or applied to public use, without the consent of his 
representatives, or without just compensation being made therefor. 

Sec. 22. That perpetuities and monopolies are contrary to the 
genius of a free State, and shall not be allowed. 

Sec. 23. That the citizens have a right, in a peaceable manner, 
to assemble together for their common good, to instruct their rep- 
resentatives, and apply to those invested with the powers of gov- 
ernment for redress of grievances, or other proper purposes, by 
address or remonstrance. 

Sec. 24. That the sure and certain defense of a free people is a 
weli-regulated militia ; and, as standing armies in time of peace 
are dangerous to freedom, they ought to be avoided as far as the 
circumstances and safety of the community will admit, and that 
in all eases the military shall be kept in strict subordination to 
the civil authority. 

Sec. 25. That no citizen of this State, except such as are em- 
ployed in the army of the United States or militia in active ser- 
vice, shall be subjected to punishment under the martial or mili- 
tary law. That martial law, in the sense of the unrestricted power 
of military officers or others to dispose of the persons, liberties, or 
property of the citizen, is inconsistent with the principles of free 
government, and is not confided to any department of the govern- 
ment of this State. 

Sec. 26. That the citizens of this State have a right to keep and 
to bear arms for their common defense ; but the Legislature shall 
have power, by law, to regulate the wearing of arms with a view 
to prevent crime. 

Sec. 27. That no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of war 
but in a manner prescribed by law. 

Sec. 28. That no citizen of this State shall be compelled to bear 
arms, provided he will pay an equivalent, to be ascertained by 
law. 

Sec. 29. That an equal participation in the free navigation of 



108 CONSTITUTION OF TENNESSEE. 

the Mississippi is one of the inherent rights of the citizens of this 
State ; it cannot, therefore, be conceded to any prince, potentate, 
power, person or persons whatever. 

Sec. 30. That no hereditary emoluments, privileges, or honors, 
shall ever be granted or conferred in this State. 

Sec. 31. That the limits and boundaries of this State being 
ascertained, it is declared they are as hereafter mentioned — that 
is to say : Beginning on the extreme height of the Stone Moun- 
tain, at the place where the line of Virginia intersects it, in lati- 
tude thirty-six degrees and thirty minutes north ; running thence 
along the extreme height of the said mountain to the place where 
Watauga River breaks through it ; thence a direct course to 
the top of the Yellow Mountain, where Bright' s road crosses the 
same ; then along the ridge of said mountain, between the waters 
of the Doe River and the waters of Rock Creek, to the place where 
the road crosses the Iron Mountain ; from thence along the extreme 
height of said mountain to the place where the Nollichucky River 
runs through the same ; thence to the top of Bald Mountain ; 
thence along the extreme height of said mountain to the Painted 
Rock, on French Broad River ; thence along the highest ridge of 
said mountain to the place where it is called the Great Iron or 
Smoky Mountain ; thence along the extreme height of said moun- 
tain, to the place where it is called the Unicoi or Unaka Moun- 
tain, between the Indian towns of Cowee and Old Chota ; thence 
along the main ridge of said mountain to the southern boun- 
dary of this State, as described in the act of cession of North 
Carolina to the United States of America ; and that all the terri- 
tory, lands, and waters lying west of the said line, as before men- 
tioned, and contained within the chartered limits of the State of 
North Carolina, are within the boundaries and limits of this State, 
over which the people have the right of exercising sovereignty, 
and the right of soil, so far ^ is consistent with the Constitution 
of the United States, recognizing the Articles of Confederation, 
the Bill of Rights, and Constitution of North Carolina, the cession 
act of the said State, and the ordinance of Congress for the gov- 
ernment of the territory north-west of the Ohio ; Provided, Nothing 
herein contained shall extend to affect the claim or claims of indi- 
viduals to any part of the soil which is recognized to them by the 
aforesaid cession act ; And provided also, That the limits and juris- 
diction of this State shall extend to any other land and territory 



CONSTITUTION OF TENNESSEE. 109 

now acquired, or that may hereafter be acquired, by compact or 
agreement with other States or otherwise, although such land and 
territory are not included within the boundaries hereinbefore desig- 
nated. 

Sec. 32. That the erection of safe and comfortable prisons, and 
inspection of prisons, and the humane treatment of prisoners shall 
be provided for. 

Sec. 33. That slavery and involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly con- 
victed, are forever prohibited in this State. 

Sec. 34. The General Assembly shall make no law recognizing 
the right of property in man. 

ARTICLE II. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the Government shall be divided into 
three distinct departments : The legislative, executive, and judi- 
cial. 

Sec. 2. No person or persons belonging to one of these depart- 
ments shall exercise any of the powers properly belonging to 
either of the others, except in the cases herein directed or per- 
mitted. 

the legislative department. 

Sec. 3. The legislative authority of this State shall be vested in 
a General Assembly, which shall consist of a Senate and a House 
of Representatives, both dependent on the people, who shall hold 
their offices for two years from the day of the general election. 

Sec. 4. An enumeration of the qualified voters and an appor- 
tionment of the Representatives in the General Assembly shall be 
made in the year one thousand eight hundred and seventy-one, and 
within every subsequent term of ten years. 

Sec. 5. The number of Representatives shall, at the several 
periods of making the enumeration, be apportioned among the 
several counties or districts, according to the number of qualified 
voters in each, and shall not exceed seventy-five until the popula- 
tion of the State shall be one million and a half, and shall never 
exceed ninety-nine ; Provided, That any county having two-thirds 
of the ratio shall be entitled to one member. 



110 CONSTITUTION OF TENNESSEE. 

Sec. 6. The number of Senators shall, at the several periods of 
making the enumeration, be apportioned among the several coun- 
ties or districts, according to the number of qualified electors in 
each, and shall not exceed one-third the number of Representa- 
tives. In apportioning the number of Senators among the different 
counties the fraction that may be lost by any county or counties in 
the apportionment of members to the House of Representatives 
shall be made up to such county or counties in the Senate as near 
as may be practicable. When a district is composed of two or more 
counties they shall be adjoining, and no counties shall be divided 
in forming a district. 

Sec. 7. The first election for Senators and Representatives shall 
be held on the second Tuesday in November, one thousand eight 
hundred and seventy ; and forever thereafter elections for members 
of the General Assembly shall be held once in two years, on the 
first Tuesday after the first Monday in November. Said elections 
shall terminate the same day. 

Sec. 8. The first session of the General Assembly shall com- 
mence on the first Monday in October, 1871, at which time the term 
of service of the members shall commence, and expire on the first 
Tuesday of November, 1872, at which session the Governor elected 
on the second Tuesday in November, 1870, shall be inaugurated ; 
and forever thereafter the General Assembly shall meet on the first 
Monday in January next ensuing the election, at which session 
thereof the Governor shall be inaugurated. 

Sec. 9. No person shall be a Representative unless he shall be 
a citizen of the United States, of the age of twenty-one years, and 
shall have been a citizen of this State for three years and a resi- 
dent in the county he represents one year immediately preceding 
the election. 

Sec. 10. No person shall be a Senator unless he shall be a citi- 
zen of the United States, of the age of thirty years, and shall have 
resided three years in this State and one year in the county or dis- 
trict immediately preceding the election. No Senator or Repre- 
sentative shall, during the time for which he was elected, be eligible 
to any office or place of trust, the appointment to which is vested 
in the Executive or General Assembly, except to the ofiice of trustee 
of a literary institution. 

Sec. 11. The Senate and House of Representatives, when as- 
sembled, shall each choose a Speaker and its other officers ; be 



CONSTITUTION OF TENNESSEE. \\\ 

judges of the qualifications and election of its members, and sit 
upon its own adjournment from da} 7 to day. Not less than two- 
thirds of all the members to which each House shall be entitled 
shall constitute a quorum to do business ; but a smaller number 
may adjourn from day to day, and may be authorized by law to 
compel the attendance of absent members. 

Sec. 12. Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member, but not a second time 
for the same offense ; and shall have all other powers necessary for 
a branch of the Legislature of a free State. 

Sec. 13. Senators and Representatives shall, in all cases except 
treason, felony, or breach of the peace, be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same ; and for any speech or debate in either 
House they shall not be questioned in any other place. 

Sec. 14. Each House may punish by imprisonment, during its 
session, any person not a member, who shall be guilty of disrespect 
to the House by any disorderly or any contemptuous behavior in its 
presence. 

Sec. 15. When vacancies happen in either House the Governor 
for the time being shall issue writs of election to fill such vacancies. 

Sec. 16. Neither House shall, during its session, adjourn with- 
out the consent of the other for more than three days, nor to any 
other place than that in which the two Houses shall be sitting. 

Sec. 17. Bills may originate in either House, but may be 
amended, altered, or rejected by the other. No bill shall become 
a law which embraces more than one subject, that subject to be ex- 
pressed in the title. All acts which repeal, revive, or amend 
former laws, shall recite in their caption, or otherwise, the title or 
substance of the law repealed, revived, or amended. 

Sec. 18. Every bill shall be read once on three different days, 
and be passed each time in the House where it originated before 
transmission to the other. No bill shall become a law until it 
shall have been read and passed, on three different days, in each 
House, and shall have received on its final passage, in each 
House, the assent of a majority of all the members to which that 
House shall be entitled under this Constitution ; and shall have 
been signed by the respective Speakers in open session — the fact 
of such signing to be noted on the journal ; and shall have received 



112 CONSTITUTION OF TENNESSEE. 

the approval of the Governor, or shall have been otherwise passed 
under the provisions of this Constitution. 

Sec. 19. After a bill has been rejected, no bill containing the 
same substance shall be passed into a law during the same ses- 
sion. 

Sec. 20. The style of the laws of this State shall be : ' 'Be it en- 
acted by the General Assembly of the State of Tennessee. ' ' No law of a 
general nature shall take effect until forty days after its passage, 
unless the same or the caption thereof shall state that the public 
welfare requires that it should take effect sooner. 

Sec. 21. Each house shall keep a journal of its proceedings, and 
publish it, except such parts as the welfare of the State may 
require to be kept secret ; the ayes and noes shall be taken in each 
House upon the final passage of every bill of a general character, 
and bills making appropriations of public moneys ; and the ayes 
and noes of the members on any question shall at the request of 
any five of them, be entered on the journal. 

Sec. 22. The doors of each House and of committees of the 
whole shall be kept open, unless when the business shall be such 
as ought to be kept secret. 

Sec. 23. The sum of four dollars per day, and four dollars for 
every twenty-five miles traveling to and from the seat of govern- 
ment, shall be allowed to the members of each General Assembly 
elected after the ratification of this Constitution, as a compensa- 
tion for their services. But no member shall be paid for more 
than seventy-five days of a regular session, or for more than 
twenty days of any extra or called session ; or for any day when 
absent from his seat in the Legislature, unless physically unable 
to attend. The Senators, when sitting as a court of impeach- 
ment, shall each receive four dollars per day of actual attend- 
ance. 

Sec. 24. No money shall be drawn from the treasury but in 
consequence of appropriations made by law ; and an accurate 
statement of the receipts and expenditures of the public money 
shall be attached to and published with the laws at the rise of 
each stated session of the General Assembly. 

Sec. 25. No person who heretofore hath been, or may hereafter 
be, a collector or holder of public money, shall have a seat in 
either House of the General Assembly, or hold any other office 
under the State government, until such person shall have ac- 



CONSTITUTION OF TENNESSEE. \\% 

counted for and paid into the treasury all sums for which he may 
be accountable or liable. 

Sec. 26. No Judge of any court of law or equity, Secretary of 
State. Attorney-General. Register, Clerk of any court of record, or 
person holding any office under the authority of the United 
States, shall have a seat in the General Assembly, nor shall any 
person in this State hold more than one lucrative office at the 
same time ; Provided, That no appointment in the militia, or to 
the office of Justice of the Peace, shall be considered a lucrative 
office, or operative as a disqualification to a seat in either House 
of the General Assembly. 

Sec. 27. Any member of either House of the General Assembly 
shall have liberty to dissent from and protest against any act or 
resolve which he may think injurious to the public or to any 
individual, and to nave the reasons for his dissent entered on the 
journals. 

Sec. 28. All property, real, personal, or mixed, shall be taxed, 
but the Legislature may except such as may be held by the State, 
by counties, cities, or towns, and used exclusively for public or 
corporation purposes, and such as may be held and used for pur- 
poses purely religious, charitable, scientific, literary, or educa- 
tional, and shall except one thousand dollars' worth of personal 
property in the hands of each tax-payer, and the direct product 
of the soil in the hands of the producer and his immediate vendee. 
All property shall be taxed according to its value, that value to 
be ascertained in such manner as the Legislature shall direct, so 
that taxes shall be equal and uniform throughout the State. No 
one species of property from which a tax may be collected shall 
be taxed higher than any other species of property of the same 
value. But the Legislature shall have power to tax merchants, 
peddlers, and privileges in such manner as they may from time 
to time direct. The portion of a merchant's capital used in the 
purchase of merchandise sold by him to non-residents and sent 
beyond the State, shall not be taxed at a rate higher than the 
ad valorem tax on property. The Legislature shall have the power 
to levy a tax upon incomes derived from stocks and bonds that 
are not taxed ad valorem. All male citizens of this State over the 
age of twenty-one years, except such persons as may be exempted 
'by law on account of age or other infirmity, shall be liable to a poll- 
tax of not less than fifty cents nor more than one dollar per annum. 
8 



114 CONSTITUTION OF TENNESSEE. 

Nor shall any county or corporation levy a poll-tax exceeding the 
amount levied by the State. 

Sec. 29. The General Assembly shall have power to authorize 
the several counties and incorporated towns in this State to impose 
taxes for county and corporation purposes respectively, in such 
manner as shall be prescribed by law ; and all propert}^ shall be 
taxed according to its value, upon the principles established in re- 
gard to State taxation. But the credit of no county, city or town 
shall be given or loaned to or in aid of any person, company, associ- 
ation, or corporation, except upon an election to be first held by 
the qualified voters of such county, city or town, and the assent of 
three-fourths of the votes cast at said election. Nor shall any 
county, city, or town become a stockholder with others in any com- 
pany, association, or corporation, except upon a like election, and 
the assent of a like majority. But the counties of Grainger, Haw- 
kins, Hancock, Union, Campbell, Scott, Morgan, Grundy, Sumner, 
Smith, Fentress, Van Buren, White, Putnam, Overton, Jackson, Cum- 
berland, Anderson, Henderson, Wayne, Marshall, Cocke, Coffee, 
Macon, and the new county herein authorized to be established out 
of fractions of Sumner, Macon, and Smith counties, and Roane shall 
be excepted out of the provisions of this section, so far that the assent 
of a majority of the qualified voters of either of said counties 
voting on the question shall be sufficient, when the credit of such 
county is given or loaned to any person, association, or corpora- 
tion ; Provided, That the exception of the counties above named 
shall not be in force beyond the year one thousand eight hundred 
and eighty, and after that period they shall be subject to the three- 
fourths majority applicable to the other counties of the State. 

Sec. 30. No article manufactured of the produce of this State 
shall be taxed otherwise than to pay inspection fees. 

Sec. 31. The credit of this State shall not be hereafter loaned 
or be given to or in aid of any person, association, company, cor- 
poration, or municipality ; nor shall the State become the owner, 
in whole or in part, of any bank, or a stockholder with others in 
any association, company, corporation, or municipality. 

Sec. 32. No convention or General Assembly of this State shall 
act upon any amendment of the Constitution of the United States 
proposed by Congress to the several States, unless such convention 
or General Assembly shall have been elected after such amendment 
is submitted. 



CONSTITUTION OF TENNESSEE. H5 

Sec. 33. No bonds of the State shall be issued to any railroad 
company which at the time of its application for the same shall be 
in default in paying the interest upon the State bonds previously 
loaned to it, or that shall hereafter, and before such application, sell 
or absolutely dispose of any State bonds loaned to it for less than 

ARTICLE III 

EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of this State shall be 
vested in a Governor. 

Sec. 2. The Governor shall be chosen by the electors of the 
members of the General Assembly, at the time and places where 
they shall respectively vote for the members thereof. The returns 
of every election for Governor shall be sealed up and transmitted to 
the seat of government by the returning officers, directed to the 
Speaker of the Senate, who shall open and publish them in the 
presence of a majority of the members of each House of the Gen- 
eral Assembly. The person having the highest number of votes 
shall be Governor ; but if two or more shall be equal and highest 
in votes, one of them shall be chosen Governor by joint votes of 
both Houses of the General Assembly. Contested elections for 
Governor shall be determined by both Houses of the General 
Assembly, in such manner as shall be prescribed by law. 

Sec. 3. He shall be at least thirty years of age, shall be a citi- 
zen of the United States, and shall have been a citizen of this State 
seven years next before his election. 

Sec. 4. The Governor shall hold his office for two years, and 
until his successor shall be elected and qualified. He shall not be 
eligible more than six years in any term of eight. 

Sec. 5. He shall be commander-in-chief of the army and navy 
of this State, and of the militia, except when they shall be called 
into the service of the United States ; but the militia shall not be 
called into service except in case of rebellion or invasion, and then 
only when the General Assembly shall declare by law that the pub- 
lic safety requires it. 

Sec. 6. He shall have power to grant reprieves and pardons, 
after conviction, except in cases of impeachment. 

Sec. 7. He shall, at stated times, receive a compensation for his 
services which shall not be increased or diminished during the 
period for which he shall have been elected. 



116 CONSTITUTION OF TENNESSEE. 

Sec. 8. He may require information, in writing, from the offi- 
cers in the executive department upon any subject relating to the 
duties of their respective offices. 

Sec. 9. He may, on extraordinary occasions, convene the Gen- 
eral Assembly by proclamation, in which he shall state specifically 
the purposes for which they are to convene ; but they shall enter 
on no legislative business except that for which they were specifi- 
cally called together. 

Sec. 10. He shall take care that the laws be faithfully exe- 
cuted. 

Sec. 11. He shall, from time to time, give to the General As- 
sembly information of the state of the government, and recom- 
mend for their consideration such measures as he shall judge 
expedient. 

Sec. 12. In case of the removal of the Governor from office, or 
of his death or resignation, the powers and duties of the office 
shall devolve on the Speaker of the Senate ; and in case of the 
death, removal from office, or resignation of the Speaker of the 
Senate, the powers and duties of the office shall devolve on the 
Speaker of the House of Representatives. 

Sec. 13. No member of Congress, or person holding any office 
under the United States, or this State, shall execute the office of 
Governor. 

Sec. 14. When any officer, the right of whose appointment is 
by this Constitution vested in the General Assembly, shall, during 
the recess, die, or the office, by the expiration of the term, or by 
other means, become vacant, the Governor shall have power to fill 
such vacancy by granting a temporary commission, which shall 
expire at the end of the next session of the Legislature. 

Sec. 15. There shall be a seal of this State, which shall be kept 
by the Governor and used by him officially, and shall be called 
the Great Seal of the State of Tennessee. 

Sec. 16. All grants and commissions shall be in the name and 
by the authority of the State of Tennessee, be sealed with the 
State seal, and signed by the Governor. 

Sec. 17. A Secretary of State shall be appointed by joint vote 
of the General Assembly, and commissioned during the term of 
four years. He shall keep a fair register of all the official acts and 
proceedings of the Governor, and shall, when required, lay 
the same, and all papers, minutes, and vouchers relative thereto, 



CONSTITUTION OF TENNESSEE. H7 

before the General Assembly ; and shall perform such other duties 
as shall be enjoined by law. 

Sec. 18. Every bill which may pass both Houses of the General 
Assembly shall, before it becomes a law, be presented to the Gov- 
ernor for his signature. If he approve, he shall sign it, and the 
same shall become a law ; but if he refuse to sign it, he shall re- 
turn it, with his objections thereto in writing, to the House in 
which it originated, and said House shall cause said objections to 
be entered at large upon its journals, and proceed to reconsider 
the bill. If, after such reconsideration, a majority of all the mem- 
bers elected to that House shall agree to pass the bill notwith- 
standing the objections of the Executive, it shall be sent, with 
said objections, to the other House, by which it shall be likewise 
reconsidered. If approved by a majority of the whole number 
elected to that House, it shall become a law. The votes of both 
Houses shall be determined by yeas and nays, and the names of 
all the members voting for or against the bill shall be entered 
upon the journals of their respective Houses. If the Governor 
shall fail to return any bill, with his objections, within five days 
(Sundays excepted) after it shall have been presented to him, the 
same shall become a law without his signature, unless the General 
Assembly, by its adjournment, prevents its return, in which case 
it shall not become a law. Every joint resolution or order, except 
on questions of adjournment, shall likewise be presented to the 
Governor for his signature, and before it shall take effect shall 
receive his signature, and on being disapproved by him, shall in 
like manner be returned with his objections ; and the same, before 
it shall take effect, shall be repassed by a majority of all the mem- 
bers elected to both Houses, in the manner and according to the 
rules prescribed in case of a bill. 

ARTICLE IV. 

ELECTIONS. 

Section 1. Every male person of the age of twenty-one years, 
being a citizen of the United States, and a resident of this State 
for twelve months, and of the county wherein he may offer his 
vote for six months, next preceding the day of election, shall be 
entitled to vote for members of the General Assembly and other 
civil officers for the county or district in which he resides ; and 



118 CONSTITUTION OF TENNESSEE. 

there shall be no qualification attached to the right of suffrage 
except that each voter shall give to the judges of election where he 
offers to vote satisfactory evidence that he has paid the poll-taxes 
assessed against him for such preceding period as the Legislature 
shall prescribe, and at such time as may be prescribed by law, 
without which his vote cannot be received. And all male citizens 
of the State shall be subject to the payment of poll-taxes and the 
performance of military duty within such ages as may be pre- 
scribed by law. The General Assembly shall have power to enact 
laws requiring voters to vote in the election precincts in which 
they may reside, and laws to secure the freedom of elections and 
the purity of the ballot-box. 

Sec. 2. Laws may be passed excluding from the rights of suf- 
frage persons who may be convicted of infamous crimes. 

Sec. 3. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest or summons during 
their attendance at elections, and in going to and returning from 
them. 

Sec. 4. In all elections to be made by the General Assembly 
the members thereof shall vote viva voce, and their votes shall be 
entered on the journal. All other elections shall be by ballot. 

ARTICLE V. 
impeachments. 

Section 1. The House of Representatives shall have the sole 
power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. When 
sitting for that purpose the Senators shall be upon oath or affir- 
mation, and the Chief Justice of the Supreme Court, x>r, if he be 
on trial, the senior Associate Judge, shall preside over them. No 
person shall be convicted without the concurrence of two-thirds 
of the Senators sworn to try the officer impeached. 

Sec. 3. The House of Representatives shall elect from their own 
body three members whose duty it shall be to prosecute impeach- 
ments. No impeachment shall be tried until the Legislature shall 
have adjourned sine die, when the Senate shall proceed to try such 
impeachment. 

Sec. 4. The Governor, Judges of the Supreme Court, Judges of 
the inferior courts, Chancellors, Attorneys for the State, Treasurer, 



Constitution of Tennessee. 119 

Comptroller, and Secretary of State shall be liable to impeach- 
ment whenever they may. in the opinion of the House of Repre- 
sentatives, commit any crime in their official capacity which may 
require disqualification ; but judgment shall only extend to 
removal from office and disqualification to fill any office there- 
after. The party shall, nevertheless, be liable to indictment, trial 
judgment, and punishment according to law. The Legislature 
now has, and shall continue to have, power to relieve from the 
penalties imposed any person disqualified from holding office by 
the judgment of a court of impeachment. 

Sec. 5. Justices of the Peace, and other civil officers not herein- 
before mentioned, for crimes or misdemeanors in office, shall be 
liable to indictment in such courts as the Legislature may direct ; 
and, upon conviction, shall be removed from office by said court 
as if found guilty on impeachment, and shall be subject to such 
other punishment as may be prescribed by law. 

ARTICLE VI 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of this State shall be vested in 
one Supreme Court and in such Circuit, Chancery, and other 
inferior courts as the Legislature shall from time to time ordain 
and establish, in the Judges thereof, and in Justices of the Peace. 
The Legislature may also vest such jurisdiction in corporation 
courts as may be deemed necessary. Courts to be holden by Jus- 
tices of the Peace may also be established. 

Sec. 2. The Supreme Court shall consist of five Judges, of whom 
not more than two shall reside in any one of the grand divisions 
of the State. The Judges shall designate one of their own num- 
ber who shall preside as Chief Justice. The concurrence of three 
of the Judges shall, in every case, be necessary to a decision. The 
jurisdiction of this court shall be appellate only, under such 
restrictions and regulations as may from time to time be pre- 
scribed by law : but it may possess such other jurisdiction as is 
now conferred by law on the present Supreme Court. Said Court 
shall be held at Knoxville. Nashville and Jackson. 

3. The Judges of the Supreme Court shall be elected by 
the qualified voters of the State. The Legislature shall have 
power to prescribe such rules as may be necessary to carry out 



120 CONSTITUTION OF TENNESSEE. 

the provisions of Section 2 of this Article. Every Judge of the 
Supreme Court shall be thirty-five years of age, and shall, before 
his election, have been a resident of the State for five years. His 
term of service shall be eight years. 

Sec. 4. The Judges of the Circuit and Chancery Courts, and of 
other inferior courts, shall be elected by the qualified voters of the 
district or circuit to which they are to be assigned. Every Judge 
of such courts shall be thirty years of age, and shall, before his 
election, have been a resident of the State for five years, and of the 
circuit or district one year. His term of service shall be eight years. 

Sec. 5. An Attorney-General and Reporter for the State shall 
be appointed by the Judges of the Supreme Court, and shall hold 
his office for a term of eight years. An Attorney for the State for 
any circuit or district for which a Judge having criminal jurisdic- 
tion shall be provided by law shall be elected by the qualified 
voters of such circuit or district, and shall hold his office for a 
term of eight years, and shall have been a resident of the State 
five years, and of the circuit or district one year. In all cases 
where the Attorney for any district fails or refuses to attend and 
prosecute according to law, the court shall have power to appoint 
an Attorney pro tempore. 

Sec. 6. Judges and Attorneys for the State may be removed 
from office by a concurrent vote of both Houses of the General 
Assembly, each House voting separately ; but two-thirds of the 
members to which each House may be entitled must concur in 
such vote. The vote shall be determined by ayes and noes, and 
the names of the members voting for or against the Judge or 
Attorney for the State, together with the cause or causes of re- 
moval, shall be entered on the journal of each House respectively. 
The Judge or Attorney for the State against whom the Legisla- 
ture may be about to proceed shall receive notice thereof, accom- 
panied with a copy of the causes alleged for his removal, at least 
ten days before the day on which either House of the General 
Assembly shall act thereupon. 

Sec. 7. The Judges of the Supreme or inferior courts shall, at 
stated times, receive a compensation for their services, to be ascer- 
tained by law, which shall not be increased or diminished during 
the time for which they are elected. They shall not be allowed 
any fees or perquisites of office, nor hold any office of trust or 
profit under the State or the United States. 



CONSTITUTION OF TENNESSEE. 121 

Sec. 8. The jurisdiction of the Circuit, Chancery, and other in- 
ferior courts shall be as now established by law, until changed by 
the Legislature. 

Sec. 9. Judges shall not charge juries with respect to matters of 
fact, but may state the testimony and declare the law. 

Sec. 10. Judges or justices of the inferior courts of law and 
equity shall have power in civil cases to issue writs of certiorari, 
to remove any cause, or the transcript of the record thereof, from 
any inferior jurisdiction into such court of law, on sufficient 
cause, supported by oath or affirmation. 

Sec. 11. No Judge of the Supreme or inferior courts shall pre- 
side on the trial of any cause in the event of which he may be 
interested, or where either of the parties shall be connected with 
him by affinity or consanguinity, within such degrees as may be 
prescribed by law, or in which he may have been of counsel, or in 
which he may have presided in any inferior court, except by con- 
sent of all the parties. In case all or any of the judges of the 
Supreme Court shall be thus disqualified from presiding on the 
trial of any cause or causes, the court, or the Judges thereof, shall 
certify the same to the Governor of the State, and he shall forth- 
with specially commission the requisite number of men of law 
knowledge for the trial and determination thereof. The Legisla- 
ture may, by general laws, make provision that special Judges 
may be appointed to hold any court the Judge of which shall be 
unable or fail to attend or sit, or to hear any cause in which the 
Judge may be incompetent. 

Sec. 12. All writs and other process shall run in the name of 
the State of Tennessee, and bear test and be signed by the respec- 
tive Clerks. Indictments shall conclude : " Against the peace and 
dignity of the State." 

Sec. 13. Judges of the Supreme Court shall appoint their Clerks, 
who shall hold their offices for six years. Chancellors shall appoint 
their Clerks and Masters, who shall hold their offices for six years. 
Clerks of the inferior courts, holden in the respective counties or 
districts, shall be elected by the qualified voters thereof, for the 
term of four years. Any Clerk may be removed from office for 
malfeasance, incompetency, or neglect of duty, in such manner 
as may be prescribed by law. 

Sec. 14. No fine shall be laid on any citizen of this State that 
shall exceed fifty dollars, unless it shall be assessed by a jury of 



122 CONSTITUTION OF TENNESSEE. 

his peers, who shall assess the fine at the time they find the fact, 
if they think the fine should be more than fifty dollars. 

Sec. 15. The different counties of this State shall be laid off, as 
the General Assembly may direct, into districts of convenient 
size, so that the whole number in each county shall not be more 
than twenty-five, or four for every one hundred square miles. 
There shall be two Justices of the Peace and one Constable elected 
in each district by the qualified voters therein, except districts 
including county towns, which shall elect three Justices and two 
Constables. The jurisdiction of said officers shall be co- extensive 
with the county. Justices of the Peace shall be elected for the 
term of six and Constables for the term of two years. Upon the 
removal of either of said officers from the district in which he was 
elected, his office shall become vacant from the time of such 
removal. Justices of the Peace shall be commissioned by the 
Governor. The Legislature shall have power to provide for the 
appointment of an additional number of Justices of the Peace in 
incorporated towns. 

ARTICLE VII. 

STATE AND COUNTY OFFICERS. 

Section 1. There shall be elected in each county, by the quali- 
fied voters therein, one Sheriff, one Trustee, one Register — the 
Sheriff and Trustee for two years and the Register for four years ; 
but no person shall be eligible to the office of Sheriff more than 
six years in any term of eight years. There shall be elected for 
each county, by the Justices of the Peace, one Coroner and one 
Ranger, who shall hold their offices for two years. Said officers 
shall be removed for malfeasance or neglect of duty, in such man- 
ner as may be prescribed by law. 

Sec. 2. Should a vacancy occur subsequent to an election in the 
office of Sheriff, Trustee, or Register, it shall be filled by the Jus- 
tices ; if in that of Clerk to be elected by the people, it shall 
be filled by the courts ; and the person so appointed shall continue 
in office until his successor shall be elected and qualified ; and 
such office shall be filled by the qualified voters at the first elec- 
tion for any of the county officers. 

Sec. 3. There shall be a Treasurer or Treasurers and a Comp- 
troller of the Treasury, appointed for the State by the vote of both 



CONSTITUTION OF TENNESSEE. 123 

Houses of the General Assembly, who shall hold their offices for 
two years. 

Sec. 4. The election of all officers and the filling of all vacan- 
cies not otherwise directed or provided by this Constitution shall be 
made in such manner as the Legislature shall direct. 

Sec. 5. Elections for judicial and other civil officers shall be 
held on the first Thursday in August, one thousand eight hun- 
dred and seventy, and forever thereafter on the first Thursday in 
August next preceding the expiration of their respective terms of 
service. The term of each officer so elected shall be computed 
from the first day of September next succeeding his election. 
The term of office of the Governor and other executive officers 
shall be computed from the fifteenth of January next after the 
election of the Governor. No appointment or election to fill a 
vacancy shall be made for a period extending beyond the unexpired 
term. Every officer shall hold his office until his successor is elected 
or appointed and qualified. No special election shall be held to fill 
a vacancy in the office of Judge or District Attorney but at the time 
herein fixed for the biennial election of civil officers ; and such 
vacancy shall be filled at the next biennial election occurring more 
than thirty days after the vacancy occurs. 



ARTICLE VIII. 

MILITIA. 

Section 1. All militia officers shall be elected by persons subject 
to military duty within the bounds of their several companies, 
battalions, regiments, brigades, and divisions, under such rules 
and regulations as the Legislature may, from time to time, direct 
and establish. 

Sec. 2. The Governor shall appoint the Adjutant-General and 
his other staif officers ; the Major-Generals, Brigadier-Generals, 
and commanding officers of regiments, shall respectively appoint 
their staff officers. 

Sec. 3. The Legislature shall pass laws exempting citizens be- 
longing to any sect or denomination of religion, the tenets of which 
are known to be opposed to bearing arms, from attending private 
and general musters. 



124 CONSTITUTION OF TENNESSEE. 

ARTICLE IX. 

DISQUALIFICATIONS. 

Section 1. Whereas, ministers of the gospel are, by their pro- 
fession, dedicated to God and the care of souls, and ought not to 
be diverted from the great duties of their functions ; therefore, 
no minister of the gospel, or priest of any denomination what- 
ever, shall be eligible to a seat in either House of the Legislature. 

Sec. 2. No person who denies the being of a God, or a future 
state of rewards and punishments, shall hold any office in the civil 
department of this State. 

Sec. 3. Any person who shall, after the adoption of this Con- 
stitution, fight a duel, or knowingly be the bearer of a challenge 
to fight a duel, or send or accept a challenge for that purpose, or 
be an aider and abettor in fighting a duel, shall be deprived of 
the right to hold any office of honor or profit in this State, and 
shall be punished otherwise, in such manner as the Legislature may 
prescribe. 

ARTICLE X. 

'OATHS — BRIBERY OF ELECTORS— NEW COUNTIES. 

Section 1. Every person who shall be chosen or appointed to 
any office of trust or profit under this Constitution, or any law 
made in pursuance thereof, shall, before entering upon the duties 
thereof, take an oath to support the Constitution of this State and 
of the United States, and an oath of office. 

Sec. 2. Each member of the Senate and House of Representa- 
tives shall, before they proceed to business, take an oath or affir- 
mation to support the Constitution of this State and of the United 

States, and also the following oath : "I, , do solemnly swear 

[or affirm] that, as a member of this General Assembly, I will, in 
all appointments, vote without favor, affection, partiality, or preju- 
dice ; and that I will not propose or assent to any bill, vote, or 
resloution which shall appear to me injurious to the people, or 
consent to any act or thing whatever that shall have a tendency 
to lessen or abridge their rights and privileges as declared by the 
Constitution of this State." 

Sec. 3. Any elector who shall receive any gift or reward for his 
vote, in meat, drink, money, or otherwise, shall suffer such pun- 



CONSTITUTION OF TENNESSEE. 125 

ishnient as the laws shall direct ; and any person who shall, 
directly or indirectly, give, promise, or bestow any such reward 
to be elected, shall thereby be rendered incapable for six years to 
serve in the office for which he was elected, and be subject to such 
further punishment as the Legislature shall direct. 

Sec. 4. New counties may be established by the Legislature, to 
consist of not less than two hundred and seventy-five square 
miles, and which shall contain a population of seven hundred 
qualified voters. No line of such county shall approach the court- 
house of any old county from which it may be taken nearer than 
eleven miles, nor shall such old county be reduced to less than 
five hundred square miles ; but the following exceptions are made 
to the foregoing provisions, viz.: New counties may be established 
by the present or any succeeding Legislature out of the following 
territory, to wit : Out of that portion of Obion county which lies 
west of the low-water mark of Reelfoot Lake ; out of fractions of 
Sumner, Macon, and Smith counties, but no line of such new 
county shall approach the court-house of Sumner or Smith 
counties nearer than ten miles, nor include any part of Macon 
county lying within nine and a half miles of the court-house of 
said county, nor shall more than twenty square miles of Macon 
county, nor any part of Sumner county lying due west of the 
western boundary of Macon county, be taken in the formation of 
said new county ; out of fractions of Grainger and Jefferson coun- 
ties, but no line of such new county shall include any part of 
Grainger county north of the Holston River, nor shall any line 
thereof approach the court-house of Jefferson county nearer than 
eleven miles (such new county may include any other territory 
which is not excluded by any general provision of this Constitu- 
tion) ; out of fractions of Jackson and Overton counties, but no 
line of such new county shall approach the court-house of Jackson 
or Overton counties nearer tl:an ten miles, nor shall such county 
contain less than four hundred qualified voters, nor shall the area 
of either of the old counties be reduced below four hundred and 
fifty square miles ; out of fractions of Roane, Monroe, and Blount 
counties, around the town of Loudon, but no line of such new county 
shall ever approach the towns of Maryville, Kingston, or Madison- 
ville, nearer than eleven miles, except that on the south side of the 
Tennessee River said lines may approach as near as ten miles to the 
court-house of Roane county. The counties of Lewis, Cheatham, 



126 CONSTITUTION OF TENNESSEE. 

and Sequatchie, as now established by legislative enactments, are 
hereby declared to be constitutional counties. No part of Bledsoe 
county shall be taken to form a new county, or a part thereof, or 
be attached to any adjoining county. That portion of Marion 
county included within the following boundaries : Beginning on the 
the Grundy and Marion county line at the Nick-a-jack Trace, and 
running about six hundred yards west of Ben. Posey's to where 
the Tennessee Coal Railroad crosses the line ; running thence 
south-east through the Pocket, near William Summers', crossing 
the Battle Creek Gulf at the corner of Thomas Wooten's field ; 
thence running across the Little Gizzard Gulf at Raven Point ; 
thence in a direct line to the bridge crossing the Big Fiery Giz- 
zard ; thence in a direct line to the mouth of Holy Water Creek ; 
thence up said creek to the Grundy county line, and thence with 
said line to the beginning, is hereby detached from Marion county 
and attached to the county of Grundy. No part of a county shall 
be taken off to form a new county, or a part thereof, without the 
consent of two-thirds of the qualified voters in such part taken 
off ; and where an old county is reduced for the purpose of form- 
ing a new one, the seat of justice in said old county shall not be 
removed without the concurrence of two-thirds of both branches 
of the Legislature ; nor shall the seat of justice of any county be 
removed without the concurrence of two-thirds of the qualified 
voters of the county. But the foregoing provision requiring a 
two-thirds majority of the voters of a county to remove its county 
seat, shall not apply to the counties of Obion and Cocke. The 
fractions taken from old counties to form new counties, or taken 
from one county and added to another, shall continue liable for 
their pro rata of all debts contracted by their respective counties 
prior to the separation, and be entitled to their proportion of any 
stocks or credits belonging to such old counties. 

Sec. 5. The citizens who may be included in any new county 
shall vote with the county or counties from which they may have 
been stricken off for members of Congress, for Governor, and for 
members of the General Assembly, until the next apportionment 
of members to the General Assembly after the establishment of 
such new county. 

ARTICLE XL 

MISCELLANEOUS PROVISIONS. 

Section 1. All laws and ordinances now in force and in use in 



CONSTITUTION OF TENNESSEE. 127 

this State, not inconsistent with this Constitution, shall continue in 
force and use until they shall expire, or be altered or repealed by 
the Legislature. But ordinances contained in any former Constitu- 
tion or schedule thereto are hereby abrogated. 

Sec. 2. Nothing contained in this Constitution shall impair the 
validity of any debts or contracts, or affect any rights of property, 
or any suits, actions, rights of action, or other proceedings in courts 
of justice. 

Sec. 3. x\ny amendment or amendments to this Constitution 
may be proposed in the Senate or House of Representatives ; and 
if the same shall be agreed to by a majority of all the members 
elected to each of the two Houses, such proposed amendment or 
amendments shall be entered on their journals, with the yeas and 
nays thereon, and referred to the General Assembly then next to 
be chosen, and shall be published six months previous to the time 
of making such choice ; and if, in the General Assembly then next 
chosen as aforesaid, such proposed amendment or amendments shall 
be agreed to by two-thirds of all the members elected to each 
House, then it shall be the duty of the General Assembly to sub- 
mit such proposed amendment or amendments to the people in such 
manner and at such times as the General Assembly shall prescribe. 
And if the people shall approve and ratify such amendment or 
amendments by a majority of all the citizens of the State voting 
for Representatives voting in their favor, such amendment or 
amendments shall" become a part of this Constitution. When 
any amendment or amendments to the Constitution shall be pro- 
posed in pursuance of the foregoing provisions, the same shall, 
at each of said sessions, be read three times on three several days in 
each House. The Legislature shall not propose amendments to 
the Constitution oftener than once in six years. The Legislature 
shall have the right, at any time, by law, to submit to the people 
the question of calling a convention to alter, reform, or abolish this 
Constitution ; and when, upon such submission, a majority of all 
the votes cast shall be in favor of said proposition, then delegates 
shall be chosen, and the convention shall assemble in such mode and 
manner as shall be prescribed. 

Sec. 4. The Legislature shall have no power to grant divorces, 
but may authorize the courts of justice to grant them for such 
causes as may be specified by law ; but such laws shall be general 
and uniform in their operation throughout the State. 



128 CONSTITUTION OF TENNESSEE. 

Sec. 5. The Legislature shall have no power to authorize lot- 
teries for any purpose, and shall pass laws to prohibit the sale of 
lottery tickets in this State. 

Sec. 6. The Legislature shall have no power to change the names 
of persons, or to pass acts adopting or legitimatizing persons, but 
shall, by general laws, confer this power on the courts. 

Sec. 7. The Legislature shall fix the rate of interest, and the 
rate so established shall be equal and uniform throughout the State ; 
but the Legislature may provide for a conventional rate of interest, 
not to exceed ten per cent, per annum,. 

Sec. 8. The Legislature shall have no power to suspend any 
general law for the benefit of any particular individuals, nor to pass 
any law for the benefit of individuals inconsistent with the general 
laws of the land ; nor to pass any law granting to any individual or 
individuals rights, privileges, immunities, or exemptions other than 
such as may be by the same law extended to any member of the 
community who may be able to bring himself within the provisions 
of such law. No corporation shall be created, or its powers in- 
creased or diminished by special laws, but the General Assembly 
shall provide by general laws for the organization of all corporations 
hereafter created, which laws may at any time be altered or repealed ; 
and no such alteration or repeal shall interfere with or divest rights 
which have become vested. 

Sec. 9. The Legislature shall have the right to vest such powers 
in the courts of justice, with regard to private and local affairs, as 
may be deemed expedient. 

Sec. 10. A well-regulated system of internal improvement is 
calculated to develop the resources of the State and promote the 
happiness and prosperity of her citizens ; therefore it ought to be 
encouraged by the General Assembly. 

Sec. 11. A homestead in the possession of each head of a fam- 
ily, and the improvements thereon to the value, in all, of one thou- 
sand dollars, shall be exempt from sale under legal process during 
the life of such head of a family, to inure to the benefit of the 
widow, and shall be exempt during the minority of their children 
occupying the same. Nor shall said property be alienated without 
the joint consent of the husband and wife when that relation exists. 
This exemption shall not operate against public taxes, nor debts 
contracted for the purchase money of such homestead or improve- 
ments thereon. 



CONSTITUTION OF TENNESSEE. 129 

Sec. 12. Knowledge, learning, and virtue being essential to the 
preservation of republican institutions, and the diffusion of the 
opportunities and advantages of education throughout the different 
portions of the State being highly conducive to the promotion of 
this end, it shall be the duty of the General Assembly, in all future 
periods of this Government, to cherish literature and science. And 
the fund called the common school fund, and all the lands and pro- 
ceeds thereof, dividends, stocks, and other property of every descrip- 
tion whatever, heretofore by law appropriated by the General 
Assembly of this State for the use of common schools, and all such 
as shall hereafter be appropriated, shall remain a perpetual fund, 
the principal of which shall never be diminished by legislative appro- 
priation ; and the interest thereof shall be inviolably appropriated 
to the support and encouragement of common schools through- 
out the State, and for the equal benefit of all the people thereof; 
and no law shall be made authorizing said fund, or any part thereof, 
to be diverted to any other use than the support and encourage- 
ment of common schools. The State taxes derived hereafter from 
polls shall be appropriated to educational purposes, in such manner. 
as the General Assembly shall, from time to time, direct by law. 
No school established or aided under this section shall allow white 
and negro children to be received as scholars together in the same 
school. The above provisions shall not prevent the Legislature from 
carrying into effect any laws that have been passed in favor of the 
colleges, universities, or academies, or from authorizing heirs or 
distributees to receive and enjoy escheated property under such 
laws as may be passed from time to time. 

Sec. 13. The General Assembly shall have power to enact laws 
for the protection and preservation of game and fish within the 
State, and such laws may be enacted for and applied and enforced 
in particular counties or geographical districts designated by the 
General Assembly. 

Sec. 14. The intermarriage of white persons with negroes, mu- 
lattoes, or persons of mixed blood, descended from a negro to the 
third generation, inclusive, or their living together as man and wife, 
in this State, is prohibited. The Legislature shall enforce this sec- 
tion by appropriate legislation. 

Sec. 15. No person shall, in time of peace, be required to per- 
form any service to the public on any day set apart by his religion as 
a day of rest. 
9 



130 CONSTITUTION OF TENNESSEE. 

Sec. 16. The declaration of rights, hereto prefixed, is declared 
to be a part of the Constitution of this State, and shall never be 
violated on any pretense whatever. And to guard against trans- 
gression of the high powers we have delegated, we declare that 
everything in the bill of rights contained is excepted out of the 
general powers of the Government, and shall forever remain invio- 
late. 

Sec. 17. No county office created by the Legislature shall be 
filled otherwise than by the people or the County Court. 

SCHEDULE. 

Section 1. That no inconvenience may arise from a change of 
the Constitution, it is declared that the Governor of the State, the 
members of the General Assembly, and all officers elected at or 
after the general election of March, 1870, shall hold their offices for 
the terms prescribed in this Constitution. Officers appointed by 
the courts shall be filled by appointment, to be made and to take 
effect during the first term of the court held by Judges elected 
under this Constitution. All other officers shall vacate their places 
thirty days after the day fixed for the election of their successors 
under this Constitution. The Secretary of State, Comptroller, and 
Treasurer shall hold their offices until the first session of the present 
General Assembly occurring after the ratification of this Constitu- 
tion, and until their successors are elected and qualified. The offi- 
cers then elected shall hold their offices until the fifteenth day of 
January, 1873. 

Sec. 2. At the first election of Judges under this Constitution 
there shall be elected six Judges of the Supreme Court, two from 
each grand division of the State, who shall hold their offices for 
the term herein prescribed. In the event any vacancy shall occur 
in the office of either of said Judges at any time after the first day 
of January, 1873, it shall remain unfilled, and the court shall from 
that time be constituted of five Judges. While the court shall con- 
sist of six Judges they may sit in two sections, and may hear and 
determine causes in each at the same time, but not in different 
grand divisions at the same time. When so sitting the concurrence 
of two Judges shall be necessary to a decision. The Attorney-Gen- 
eral and Reporter for the State shall be appointed after the election 
and qualification of the Judges of the Supreme Court herein pro- 
vided for. 



CONSTITUTION OF TENNESSEE. \%\ 

Sec. 3. Every Judge and every officer of the executive depart- 
ment of this State, and every Sheriff holding over under this Consti- 
tution shall, within twenty days after the ratification of this Constitu- 
tion is proclaimed, take an oath to support the same ; and the failure 
of any officer to take such oath shall vacate his office. 

Sec. 4. The time which has elapsed since the sixth day of May, 
1861, until the first day of January, 1867, shall not be computed 
in any cases affected by the statutes of limitation, nor shall any 
writ of error be affected by such lapse of time. 



►o^o 



GENERAL INDEX 

" TO 

THE CONSTITUTION OF TENNESSEE. 

PAGE 

Adopted, when Foot-note. 103 

Amendments, how made 127 

Boundaries of State 108 

Bribery of Electors 124 

Declaration of Rights 104 

Disqualifications for Office 124 

Distribution of Powers 109 

Districts, Civil, how made . 122 

Education 129 

Elections (voters) 117 

Executive Department 115 

Homestead 128 

Impeachments 118 

Judicial Department 119 

Legislative Department 109 

Militia 123 

Miscellaneous Provisions 126 

Xew Counties . 125 

Oath of Ofiice 124 

Officers of County 122 

Officers of State 122 

Preamble and Declaration 103 

Schedule 130 

Taxation * 113 

Veto Power 117 



APPENDIX. 

-oX*<*> 

LIST OF GOVERNORS, WITH TIME OF SERVICE. 
State of Franklin. 

From To 

1. John Sevier 1785 1788 

Territory South of the River Ohio. 

2. William Blount 1790 1796 

State of Tennessee. 

3. John Sevier 1796 1801 

4. Archibald Roane 1801 1803 

5. John Sevier . . 1803 1809 

6. Willie Blount 1809 1815 

7. Joseph McMinn 1815 1821 

8. William Carroll 1821 1827 

9. Sam Houston 1 1827 1829 

10. William Hall. 1829 1829 

11. William Carroll 1829 1835 

12. Newton Cannon 1835 1839 

13. James K Polk 1839 1841 

14. James C. Jones 1841 1845 

15. Aaron V. Brown 1845 1847 

16. Neil S. Brown 1847 1849 

17. William Trousdale 1849 1851 

18. William B. Campbell 1851 1853 

19 . Andrew Johnson 1853 1857 

20. Isham / G. Harris 1857 1862 

21. Andrew Johnson 2 1862 1865 

All Democratic State Governors (called Democratic-Republican until 
1828) are indicated by italics. The rest were Whigs and Republicans. 

1 Houston resigned in 1829, and William Hall, Speaker of the Senate, 
becoming Governor, served out the term. 

2 Andrew Johnson was appointed Military Governor by President Lin- 
coln. 

(132) 



APPENDIX. 



133 



List of Governors— Continued. 

From To 

22. William G. Brownlow > 1865 1869 

23. D. W. C. Senter 1 1869 1871 

24. John C. Brown 1871 1875 

25. James D. Porter 1875 1879 

26. Albert S. Marks 1879 1881 

27. Alvin Hawkins 1881 1883 

28. William B. Bate 1883 1887 

29. Robert L. Taylor 1887 1891 

30. John P. Buchanan 1891 1893 

31. Peter Turney 1893 



Population of the Cities of Tennessee According to 
the Census of 1890, Compared with that of 1880, 
and Showing the Gain or Loss per cent. 







Population. 


Increase. 






1890. 


1880. 


No. 


Per cent. 


1. 


Nashville . . . 


. 76,168 


43,350 


32,818 


75.70 


2. 


Memphis . . 


64,495 


33,592 


30,903 


92.00 


3. 


Chattanooga . . 


29,100 


12,892 


16,208 


125.72 


4. 


Knoxville . . . 


27,573 2 


9,693 


17,880 


184.46 


5. 


Jackson . . . 


10,039 


5,377 


4,662 


86.70 


6. 


Clarksville . . 


7,924 


3,880 


4,044 


104.23 


7. 


Columbia . . . 


5,370 


3,400 


1,970 


57.94 


8. 


Johnson City . . 


4.161 


685 


3,476 


507.45 


9. 


Murfreesboro'. . 


3,739 


3,800 


61 3 


1.61 3 


10. 


Union City . . , 


3,441 


1,879 


1,562 


83.13 


11. 


Bristol 4 . . . . 


3,324 


1,647 


1,677 


101.82 


12. 


Cleveland . . . . 


2,863 


1,874 


989 


52.77 


13. 


Dayton 


2,719 


200 


2,519 


1,259.50 



1 Brownlow resigned in 1869, having been elected United States Senator, 
and D. W. C. Senter, Speaker of the Senate, becoming Governor, served 
out the term. 

2 Including South, North, and West Knoxville. 

3 A decrease. 

4 That part of Bristol that is located in Tennessee is given. Total popu- 
lation of Bristol (Virginia and Tennessee) is 6,226. 



134 



APPENDIX. 



Population of Cities— Continued. 



Name. 

14. St.. Elmo . 

15. Brownsville 

16. Tullahoma 

17. Rockwood . 

18. Fayetteville 

19. Pulaski. . 

20. Franklin . 

21. Athens. . 

22. Gallatin . 

23. Dyersburg 



Population. 
1890. 18 

2,577 - 

2,516 

2,439 

2,429 

2,410 

2,274 

2,250 

2,224 

2,078 

2,009 



1,083 
1,011 
2,104 
2,089 
1,632 
1,1Q0 
1,938 
1,010 



No. 

2,577 

2,516 

1,356 

1,418 

306 

185 

618 

1,124 

140 

999 



Increase. 

Per cent. 



Comparative View of the Population of the 

Counties of Tennessee According to the 
of 1880 and the Census of 1890. 

County. County Seat. liso™ 

Anderson, Clinton 10,820 

Bedford, Shelby ville 26,025 

Benton, Camden 9,780 

Bledsoe, Pikeville 5,617 

Blount, Maryville 15,985 

Bradley, Cleveland 12,124 

Campbell, Jacksboro > 10,005 

Cannon, Woodbury 11,859 

Carroll, Huntingdon 22,103 

Carter, Elizabethton 10,019 

Cheatham, Ashland City ..... 7,956 

Chester, 1 Henderson ...... 

Claiborne, Tazewell 13,373 

Clay, Celina . 6,987 

Cocke, Newport . 14,808 

Coffee, Manchester 12,894 

Crockett, Alamo ....... 14,109 

Cumberland, Crossville 4,538 

Davidson, Nashville 79,026 

Decatur, Decaturville 8,498 

Dekalb, Smithville 14,813 

1 Organized since 1880. 



125.21 

140.26 

14.54 

8.86 

37.87 

102.18 

7.22 
98.91 

Several 
Census 

Pop. in 
1890. 

15,128 
24,739 
11,230 

6,134 
17,589 
13,607 
13,486 
12,197 
23,630 
13,389 

8,845 

9,069 
15,103 

7,260 
16,523 
13,827 
15,146 

5,376 
108,174 

8,995 
15,650 



APPENDIX. 



135 



Comparative View of Population— Continued. 

County. County Seat. P( *j-™ PopAn 

Dickson, Charlotte 12,460 13,645 

Dyer, Dyersburg 15,118 19,878 

Fayette, Sonierville 31,871 28,878 

Fentress, Jamestown 5,941 5,226 

Franklin, Winchester 17,178 18,929 

Gibson, Trenton 32,685 35,859 

Giles, Pnlaski 36,014 34,957 

Grainger, Rutledge 12,384 13,196 

Greene,. Greeneville 24,005 26,614 

Grundy, Altamont 4,592 6,345 

Hamblen, Morristown 10,187 11,418 

Hamilton, Chattanooga 23,642 53,482 

Hancock, Sneedville 9,098 10,342 

Hardeman, Bolivar 22,921 21,029 

Hardin, Savannah 14,793 17,698 

Hawkins, Rogersville 20,610 22,246 

Haywood, Brownsville 36,053 23,558 

Henderson, Lexington 17,430 16,336 

Henry, Paris 22,142 21,070 

Hickman, Centreville 12,095 14,499 

Houston, Erin 4,295 5,390 

Humphreys, Waverly 11,379 11,720 

Jackson, Gainesboro' 12,008 13,325 

James, Ooltewah 5,187 4,903 

Jefferson, Dandridge 15,846 16,478 

Johnson, Mountain City 7,766 8,858 

Knox, Knoxville 39,124 59,557 

Lake, Tiptonville 3,968 5,304 

Lauderdale, Ripley 14,918 18,756 

Lawrence, Lawrenceburg . .... 10,383 12,286 

Lewis, Newburg 2,181 2,555 

Lincoln, Fayetteville 26,960 27,382 

Loudon, Loudon 9,148 9,273 

McMinn, Athens 15,064 17,890 

McNairy, Selmer 17,271 15,510 

Macon, La Fayette 9,321 10,878 

Madison, Jackson 30,874 30,497 

Marion, Jasper 10,910 15,411 



136 APPENDIX. 

Comparative View of Population — Continued. 

County. County Seat. ^SO™ 

Marshall, Lewisburg 19,259 

Maury, Columbia 39,904 

Meigs, Decatur 7,117 

Monroe, Madisonville 14,283 

Montgomery, Clarksville 28,481 

Moore, - Lynchburg 6,233 

Morgan, Wart burg 5,156 

Obion, Union City ...... 22,912 

Overton, Livingston 12,153 

Perry, Linden 7,174 

Pickett, 1 Byrdstown 

Polk, Benton 7,269 

Putnam, Cookeville 11,501 

Rhea, Dayton 7,073 

Roane, Kingston 15,237 

Robertson, Springfield 18,861 

Rutherford, Murfreesboro' 36,741 

Scott, Huntsville 6,021 

Sequatchie, Dunlap . . . * . . . 2,565 

Sevier, Sevierville 15,541 

Shelby, Memphis 78,430 

Smith, Carthage ...... 17,799 

Stewart, Dover 12,690 

Sullivan, Blountville 18,321 

Sumner, Gallatin 23,625 

Tipton, Covington 21,033 

Trousdale, Hartsville 6,646 

Unicoi, Erwin 3,645 

Union, Maynardville 10,260 

Van Buren, Spencer 2,933 

Warren, McMinnville 14,079 

Washington, Jonesboro' 16,181 

Wayne, Waynesboro' . . . . . 11,301 

Weakly, Dresden 24,538 

White, Sparta 11,176 

Williamson, Franklin 28,313 

Wilson, Lebanon 28,747 

1 Organized since 1880. 



Pop. in 
1890. 

18,906 
38,112 

6.930 

15.329 

29,697 

5,975 

7,639 

27.273 

12,039 

7,785 

4,736 

8,361 

13,683 

12.647 

17,418 

20,078 

35.097 

9,794 

3,027 

18,761 

112,740 

18,404 

12,193 

20,879 

23,668 

24.271 

5,850 

4,619 

11,459 

2,863 

14,413 

20.354 

11.471 

28,955 

12.348 

26,321 

27.148 



APPENDIX. 137 



Authorities Consulted in Preparing this Work. 
The Student may Read these for More Extended 
Details. 

Civil and Political Histoid of Tennessee. By John Haywood. 
A reprint of the 1823 edition. Nashville, 1891. 

The Annals of Tennessee. By J. G. M. Ramsey, A.M., M.D. 
Lippincott, Grambo & Co., Philadelphia, Pa., 1853. 

History of Tennessee. By W. H. Carpenter. Lippincott & Co., 
Philadelphia, Pa., 1856. 

Histoi-y of Tennessee. By James Phelan. Houghton, Mifflin 
& Co., Boston, Mass., 1888. 

School History of Tennessee. By James Phelan. E. H. Butler 
& Co., Philadelphia, Pa., 1889. 

History of Middle Tennessee. By A. W. Putnam. Nashville, 
1859. 

Some Account of the Life and Seiuices of William Blount By 
Gen. Marcus J. Wright. A. J. Gray, Washington, D. C, 1884. 

The Winning of the West, By Theodore Roosevelt. G. P. 
Putnam's Sons, New York, 1891. 

Studies in the Constitutional History of Tennessee. By Joshua 
W. Caldwell. The Robert Clarke Co., Cincinnati, 0., 1895. 

History of Tennessee. Goodspeed Publishing Co. , Nashville, 1887. 

The Code of Tennessee. By Milliken and Vertrees. Nashville, 

1884. 

The Code Supplement. By R. T. Shannon. Marshall & 
Bruce Co., Nashville, 1893. 

Tennessee Statutes. The State, Nashville. 




[The references are to paragraph s 3 

Appeal, 102 

Assayer, 65 

Assessor of Taxes, 111, 136 

Attorney-General and Reporter, 79 

Ballots, 167 

Blind School, 89 

Blount, William, 27, 30 

Board of Education: City, 128; 

State, 151 
Board of Equalization, 149 
Board of Health: County, 117; 

State, 71 
Board of Public Works, 127 
Boards : See State Boards. 
Bureaus: Agriculture, 68; Labor 

and Mining Statistics, 70 

Carroll, William, 36, 38, 48 
Cases: Criminal, 101; Chancery, 

LOO; Civil, in Circuit Court, 99 
Chairman of County Court, 105 
Cherokee Indians, 28 
Church Organizations, 44 
Citizenship, 163 
City: Attorney, 125; Council, 123; 

Government, pp. 76-79 ; Reform, 

183; Schools, 159; Treasurer, 

126 
Civil District, pp. 80-83 
Civil War, 41 
Clerks of Courts, 84 
Cocke, William, 30 
Committees of General Assemblv, 

59 
Comptroller, 63 
Conclusion, 48 

Confederate Soldiers' Home, 91 
Constable, 135 
(138) 



except where otherwise indicated.] 

Constitution, the Written, p. 9 
Constitution : the First, 31 ; of 

1834, 38; of 1870, 42, 50; Text, 

pp. 103-131 
Coroner, 114 

Corruption, to Prevent, 169 
County: Government, p. 71 ; Judge, 

106; Superintendent of Schools, 

153 
Courts : Chancery, 81 ; Chancery 

Appeals, 78; Circuit, 80 ; County, 

83; Criminal, 82; Municipal, 86; 

Justices', 85 ; Supreme, 77 
Cumberland Settlement, 23 

Deaf and Dumb School, 90 
Declaration of Rights, 51 
Development of the State, 33 
Distribution of Powers, 52 
District Attorney, 87 
Divisions of the State, 5 

East Tennessee, 2 
Education, 40 ; pp. 88-92 
Election Reforms, 182 
Elections, p. 93 ; by whom held, 

165 
Executive Department, pp. 51-57 
Exemption from Tax, 149 
Expenditure, Improper, 177 

Fee System, 178 
Fees Unclaimed, 148 
Fertilizer Inspector, 69 
Franklin, the State of, 24 
French, the, 12 

General Assembly, 53 
Geologist, 66 



INDEX. 



139 



Government : Origin, p. 7 ; Origin 
in America, p. 8 ; Local and 
National, p. 9; Growth of Na- 
tional, p. 10; Importance of 
State, p. 10 ; Source of State, 16 

Governor, 61 

Governors : The First, 32 ; Of the 
Intermediate Period, 36 ; The 
Last, 45 

Habeas Corpus, 96 
House of Representatives, 55 
Houston, Sam, 36 
Hunters, 10 

Impeachments, 60 
Index, p. 138 
Inhabitants, Original, 6 
Inheritance Tax, 148 
Insane Asylums, 88 
Internal Improvements, 37 
Introduction, p. 11 

Jackson, Andrew, 30, 35, 48 

Jails, 93 

Johnson, Andrew, 36, 41,45, 48 

Judicial Department, p. 58 

Juries, 97 

Jury System Reform, 181 

Justices of the Peace, 134 

King's Mountain, 22 

Land Grants, 9 

Legislative Department, pp. 46- 
50 

Legislative Procedure, 57 ; Restric- 
tions, 58 

Librarian, State, 67 

Literature, 46 

Mayor, 122 
Mexican War, 39 
Middle Tennessee, 3 
Militia, 75 
Mineralogist, 66 



Minor Points, 47 
Mound-Builders, 7 

Nomination of Candidates, 174 
Notary Public, 115 
Noted Events in Tennessee History, 
pp. 41-43 

Officers: Of City, pp. 77-79; 
Of Civil District, 133 ; Of County, 
104, 116 ; Of General Assembly, 
59 

Party Machinery, 173 
Peabody Normal College, 162 
Penitentiary, 47, 92 
Politics, Local, 172 
Political Parties, 43 ; p. 97 
Polk, James K., 36, 37, 39, 48 
Poor-houses, 95 
Present Tendencies, 175 
Primitive Life, 25 
Privilege Tax, 147 
Property Tax, 146 
Pupils, 157 

Race Elements, 15 

Ranger, 113 

Recorder, 124 

Reforms Needed, pp. 100-102 

Reform School, 161 

Register, 109 

Registration of Voters, 166 

Republic, A Fourth, 26 

Revenue, Public, pp. 86, 87 

Revolutionary War, 22 

Roads, 180 ; p. 84 

Road Assessments, 142; Commis- 
sioners, 139 ; Hands, 141 ; Over- 
seers, 140; General Improve- 
ment, 143 

Robertson, James, 20, 23 

School Directors, 155; Dis- 
tricts, 154; Fund,.158 
Scotch-Irish, 13 



140 



INDEX. 



Secretary of State, 62 

Senate, 54 

Separatist Movement, 29 

Settlers and Settlement, p. 16 

Sevier, John, 20, 22, 24, 30, 32 

Sheriff, 107 

Spaniards, 11 

State, The, pp. 8, 9 

State Boards, pp. 55, 56 

State Board of Education, 151; 

Laws, 56 ; Superintendent of 

Public. Instruction, 152 
Suits, in Court, 98 
Surveyor, 110 

Taxes, 144 ; pp. 86, 87 
Teachers, 156 
Tennessee, 1, 8, 10, 30, 49 



Territory South of the River Ohio, 

27 
Traders, 10 

Treasurer of the State, 64 
Trustee of the County, 108 

University, State, 160 

Voter's Qualification, 164 
Voting : Time and Place, 165 ; 
Method, 168 ; Result, 170 

War of 1812, 35 
Wards of City, 121 
Watauga Settlement, 17; Govern- 
ment, 19,21 
West Tennessee, 4 
Westward Movement, 14 
Work-houses, 94 



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of value. It is equally in place in the graded school, the acad- 
emy, the female seminary, and in the higher institutions of 
learning. 

The Thousands of Schools of every grade, in all sections 
of the country, in which this book is being used, not only with 
satisfaction, but with enthusiasm, testify to its merit. Unless 
peculiarly meritorious, no book could possibly attain the wide- 
spread popularity which has been accorded to this manual. 

2 



Easy Lessons in Natural Philosophy. 

For children. By Edwin J. Houston, A. M. 

Intermediate Lessons in Natural Philosophy. 

By Edwin J. Houston, A. M. 

Elements of Natural Philosophy. 

For Schools and Academies. By Edwin J. Houston, A. M. 

Elements of Physical Geography. New Edition, 
By Edwin J. Houston, A. M. 

Houston's Xew Physical Geography is the realization of what a 
text-book on this subject should be. It is a book that will 
gladden the hearts of teachers and pupils. It is concise, com- 
prehensive, ujd to the times, and in every respect an ideal text-book. 

Great care has been taken to avoid the mistake, common to 
most books of its class, of crowding both text and maps with a 
mass of technical detail which simply confuse and bewilder 
the pupil. As a working text-book for class-room use, Houston's 
New Physical Geography stands to-day at the head of the list of 
similar works, and is practically without a peer. 

Christian Ethics ; or, The Science of the Life of 
Human Duty. 
A New Text-Book on Moral Science. By Eev. D. S. Gregory, 
D. D., Late President of Lake Forest University, Illinois. 

Practical Logic ; or, The Art of Thinking". 

- By Eev. D. S. Gregory, D. D. 

Groesbeck's Practical Book-Keeping- Series. 

By Prof. John Groesbeck, Late Prin. of the Crittenden Com- 
mercial College. In Two Volumes — viz. : 

College Edition, for Commercial Schools, Colleges, etc. 

School Edition, for Schools and Academies. 

An Elementary Algebra. 

A Text-Book for Schools and Academies. By Joseph W. Wil- 
son, A. M., Late Professor of Mathematics in the Philadelphia 
Central High School. 

The Crittenden Commercial Arithmetic and 
Business Manual. 

Designed for the use of Teachers, Business Men, Academies, 
High Schools, and Commercial Colleges. By Professor John 
Groesbeck, Late Prin. of Crittenden Commercial College. 

A Manual of Elocution and Reading'. 

Founded on Philosophy of the Human Voice. By Edward 
Brooks, Ph. D., Late Prin. of State Normal School, Millers- 
ville, Pa. 



The Government of the People of the United 
United States. 

By Francis Newton Thorpe, Professor of Constitutional His- 
tory in the University of Pennsylvania. 

"If we were asked to name one book that was a fitting repre- 
sentative of the modern American text-book, we should name 
Thorpe's Civics." 

American Literature. 

A Text-Book for High Schools, Academies, Normal Schools, 
Colleges, etc. By A. H. Smyth, Prof, of Literature, Central High 
School, Philadelphia. 

The Normal English Grammar, 

By Geo. L. Maris, A. M., Principal of Friends' Central High 
School, Philadelphia. 

Intended for use in Normal Schools, High Schools, Acad- 
emies, and the higher grade of schools generally. It is not a 
book for pupils beginning the study of English grammar. 

The Model Definer. 

A Book for Beginners, containing Definitions, Etymology^ and 
Sentences as Models, exhibiting the correct use of Words. By 
A. C. Webb. 

The Model Etymology . 

Containing Definitions, Etymology, Latin Derivatives, Sen- 
tences as Models, and Analysis. With a Key containing the 
Analysis of every word which could present any difficulties to 
the learner. By A. C. Webb. 

A Manual of Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Greek 
Derivatives, Sentences as Models, and Analysis. With a Key 
containing the Analysis of every word which could present any 
difficulties to the learner. By A. C. Webb. 

First Lessons in Physiology and Hygiene. 

With special reference to the Effects of Alcohol, Tobacco, etc. 
By Charles K. Mills, M. D. 

First Lessons in Natural Philosophy. 

For Beginners. By Joseph C. Martindale, M. D. 

A Hand-Book of Literature, 1 English 
A Short Course in Literature, j American. 

By E. J. Trimble, Late Professor of Literature, State Normal 
School, West Chester, Pa. 

Short Studies in Literature, English and American. 

By A. P. Southwick, A. M. 

4 



